decided: June 11, 1969.
IN THE MATTER OF PETER F. CRISPINO ET AL., RESPONDENTS,
JAMES F. BYRNE ET AL., APPELLANTS, AND JAMES M. POWER ET AL., CONSTITUTING THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK. (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, AND PETER F. CRISPINO ET AL., RESPONDENTS. (PROCEEDING NO. 2.)
Matter of Crispino v. Byrne, 32 A.D.2d 794, reversed.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen.
Order reversed, without costs, and matter remitted to Special Term with directions to dismiss the petition in Proceeding No. 1 and to grant the petition in Proceeding No. 2 upon the ground that the record does not, as a matter of law, justify rejection of the testimony of the witness Levine which was the sole ground assigned by Special Term to support its determination.
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