SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
June 9, 1969
IN THE MATTER OF LAWRENCE E. ELOVICH, APPELLANT,
WILLIAM D. MEISSER ET AL., CONSTITUTING THE BOARD OF ELECTIONS OF NASSAU COUNTY, AND LAWRENCE ZUCKERMAN ET AL., RESPONDENTS
In a proceeding to invalidate petitions designating respondents Zuckerman and Deangelis as candidates in the Democratic Party Primary Election to be held on June 17, 1969 for the Party position of County Committeeman for the 16th Election District of the 14th Assembly District of the County of Nassau, and for injunctive relief, petitioner appeals from an order of the Supreme Court, Nassau County, entered June 5, 1969, which denied the application and dismissed the petition in the proceeding.
Hopkins, Benjamin and Martuscello, JJ., concur; Beldock, P. J., and Rabin, J., dissent.
No questions of fact were considered on this appeal. Beldock, P. J., and Rabin, J., dissent and vote to affirm the order, for the reason set forth in their dissenting memorandum in Matter of Elovich v. Meisser (32 A.D.2d 795.)
Order reversed, on the law, without costs, and proceeding remitted to the Special Term for (1) a hearing of the objections to the designating petitions and (2) a new determination ( Matter of Elovich v. Meisser , 32 A.D.2d 795).
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