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MATTER PETER F. CRISPINO ET AL. v. JAMES F. BYRNE (06/09/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


June 9, 1969

IN THE MATTER OF PETER F. CRISPINO ET AL., RESPONDENTS,
v.
JAMES F. BYRNE, AND ROBERT J. GAFFNEY ET AL., CONSTITUTING THE COMMITTEE TO FILL VACANCIES, APPELLANTS, AND JAMES M. POWER ET AL., CONSTITUTING THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK, RESPONDENTS. (PROCEEDING NO. 1.) -- IN THE MATTER OF JAMES F. BYRNE ET AL., APPELLANTS, V. JAMES M. POWER ET AL., CONSTITUTING THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK, RESPONDENTS. (PROCEEDING NO. 2.)

In consolidated proceedings, proceeding No. 1 being to invalidate petitions designating appellant Byrne as a candidate in the Republican Party Primary Election to be held on June 17, 1969 for nomination to the public office of Councilman at Large for the Borough of Brooklyn, City of New York, and for an injunction, and proceeding No. 2 being to validate said designating petitions, the appeal is from an order of the Supreme Court, Kings County, entered June 9, 1969, which (1) adjudged said designating petitions null and void, (2) enjoined the respondent Board of Elections accordingly and (3) dismissed proceeding No. 2.

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

No opinion. Appellants are granted 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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