decided: April 16, 1969.
IN THE MATTER OF JAMES MCGINNIS ET AL., RESPONDENTS,
NIAGARA COUNTY DEMOCRATIC COMMITTEE, APPELLANT
Matter of McGinnis v. Niagara County Democratic Committee,
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen. Taking no part: Judge Keating.
Order reversed, without costs, upon the ground that petitioners were not entitled to institute the proceeding under the language of section 330 (subd. 2) of the Election Law (see Matter of McGuinness v. De Sapio , 9 A.D.2d 65), and matter remitted to Supreme Court, Niagara County, with directions to dismiss the proceeding.
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