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Celler v. Larkin

40 A.D.2d 603 Court N.Y. App. Div. Decision date 1972-09-07 English

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p. 603
In the Matter of Emanuel Celler, Appellant, v. William F. Larkin et al., Constituting the Board of Elections of the City of New York, Respondents.

In a proceeding pursuant to section 330 of the Election Law, petitioner appeals from an order and judgment of the Supreme Court, Kings County, dated August 29, 1972, dismissing the petition. Judgment and order affirmed, without costs. We agree with Special Term that the evidence presented no basis for overturning the election. We note that no claim has been advanced that the election was permeated with the unfairness and misconduct we find to have occurred in Matter of Lowenstein v. Larkin ( 40 A D 2d 604 , decided herewith). Rabin, P. J., Hopkins, Munder, Shapiro and Christ, JJ., concur. [ 71 Misc 2d 17 .]

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