Santucci v. Power — 25 N.Y.2d 897

Majority

p. 897

In the Matter of John J. Santucci, Respondent, v. James M. Power et al., Constituting the Board of Elections of the City of New York, and Sidney Leviss, Appellant.

Argued September 23, 1969;

decided September 24, 1969.

p. 899

Harold L. Fisher for appellant.

Bernard P. Lampert and Hyman J. Greenberg for respondent.

Joseph O. Giaimo for motion to intervene.

Jerold R. Ruderman opposed to motion to intervene.

Concur: Chief Judge Fuld, and Judges Burke, Breitel, Jasen and Gibson. Judges Scileppi and Bergan dissent and vote to reverse on the dissenting opinion at the Appellate Division.

Motion by candidate Zelman to intervene denied. Counsel for movant in open court stated that he was withdrawing his application made at Special Term and that he consented to vacatur of, a stay of the special election contained in an order to show cause which he had obtained.