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MATTER HERBERT J. MILLER v. JAMES M. POWER ET AL. (06/09/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


June 9, 1969

IN THE MATTER OF HERBERT J. MILLER, APPELLANT,
v.
JAMES M. POWER ET AL., CONSTITUTING THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK, AND FRANKLIN MILLER ET AL., RESPONDENTS

In a proceeding to invalidate petitions designating respondent Miller as a candidate in the Democratic Party Primary Election to be held on June 17, 1969 for nomination for the public office of Judge of the Civil Court of the City of New York, County of Queens, and for injunctive relief, the appeal is from an order of the Supreme Court, Queens County, entered June 6, 1969, which inter aliadismissed the proceeding.

Beldock, P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.

No opinion. Appellant is granted leave to appeal to the Court of Appeals. Questions of law have arisen which ought to be reviewed.

Disposition

Order affirmed, without costs.

19690609

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