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Bergner v. Meisser

10 N.Y.2d 787 Court N.Y. Decision date 1961-09-02 English

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p. 787
In the Matter of Walter Bergner, Appellant, v. William D. Meisser et al., as Commissioners of the Board of Elections of Nassau County, Respondents, and Allan Westervelt, Respondent. In the Matter of Walter Bergner, Appellant, v. William D. Meisser et al., as Commissioners of the Board of Elections of Nassau County, Respondents, and Francis Brennan et al., Respondents.
Argued September 2, 1961;
decided September 2, 1961.
p. 788
Walter Bergner, appellant in person.
J. Oakey McKnight, County Attorney (Harold E. Collins of counsel), for Commissioners of Board of Elections, respondents.
p. 789
In each proceeding: Order reversed, without costs, upon the authority of Matter of Mahoney v. Lawley ( 301 N. Y. 425 ), and matter remitted to Special Term for a trial of the issues. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Van Voorhis, Burke, Bergan[1] , Bookstein* and Best*.

* Designated pursuant to section 5 of article VI of the State Constitution in the temporary absence of Judges Fulo, Froessel and Foster.

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