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Straniere v. Cutolo

42 N.Y.2d 984 Court N.Y. Decision date 1977-08-31 English

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p. 984
In the Matter of Robert Straniere, Appellant, v Eugene A. Cutolo et al., Respondents.
Argued August 30, 1977;
decided August 31, 1977
p. 985
Jeremiah B. McKenna for appellant.
p. 986
Lawrence A. Mandelker for respondents.

Memorandum. Order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division. The failure to join the objector Molinaro is not fatal. His objections were not reviewed by the Board of Elections. Under the circumstances of this case the objector Molinaro is not a necessary party since the aggrieved candidate himself has presented the issues for review (cf. Matter of Butler v Hayduk, 37 NY2d 497 ).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, without costs, in a memorandum.

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