Majority
p. 901In the Matter of Lincoln Mack, Respondent, v. Patsy Cocuzzo, Appellant, and James M. Power et al., Constituting the Board of Elections of the City of New York, et al. Argued September 25, 1968; decided September 27, 1968.
p. 902
Joseph A. Baum for appellant.
William S. Leahy and Robert J. Gill for respondent.
Order affirmed, without costs. (See Matter of Ippolito v. Power, 22 N Y 2d 594 , decided herewith.) No opinion.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Keating, Breitel and Jasen, Judges Burke and Scileppi solely on the ground that the names of the two candidates did not appear on the voting machines in two election districts. Judge Bergan dissents and votes to reverse.
Cases cited
- Ippolito v. Power 22 N Y 2d 594 p. 902