Holtzman v. Power — 34 A.D.2d 917

Majority

p. 917

In the Matter of Elizabeth Holtzman et al., Respondents, v. James M. Power et al., Constituting the Board of Elections of the City of New York, Respondents, and Louis J. Lefkowitz, as Attorney-General of the State of New York, Intervenor-Appellant.

Judgment appealed from affirmed, without costs and without disbursements. [ 62 Misc 2d 1020 .] Concur — Stevens, P. J., Markewich and Steuer, JJ.; McGivern, J., dissents in the following memorandum: I dissent and would reverse in accordance with the views previously expressed on this issue by Mr. Justice Gellinoee. (See Matter of Holtzman [Power], N. Y. L. J., May 21, 1970, p. 2, col. 4.)

Cases cited

Holtzman v. Power 62 Misc 2d 1020 N.Y. Sup. Ct. 1970-06-05 p. 917