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In the Matter of ANTHONY H. RUDMANN, Respondent, v. GEORGE P. SCARINGE et al., Constituting the Board of Elections of the County of Albany, et al., Appellants, et al., Respondents.

On the appeal by Patricia H. Hennessey and James J. Hennessey: Order affirmed, without costs, for reasons stated in the memorandum at the Appellate Division.

On the appeal by the Board of Elections: Appeal dismissed, without costs, upon the ground that the Board of Elections is not aggrieved by the modification at the Appellate Division (CPLR 5601, subd [a], par [iii]).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

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MATTER OF RUDMANN v. SCARINGE
(Sep 3, 1981)