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In the Matter of JOHN A. BERRY et al., Appellants, v. ISABEL R. DODD et al., Constituting the Board of Elections of the County of Nassau, and RAYMOND SIMON, Respondents.

In a proceeding to validate petitions designating appellants as candidates in the Democratic Party primary election to be held on April 6, 1976 for the party positions of delegates and alternate delegates, 4th Congressional District, to the Democratic national convention, the appeal is from a judgment of the Supreme Court, Nassau County, dated March 17, 1976, which declared the petitions invalid and dismissed the proceeding. Judgment affirmed (see Matter of Sciarra v Donnelly, 34 N.Y.2d 970; cf. Matter of Clune v Hayduk, 34 N.Y.2d 965). The stipulation referred to by us in the case of Matter of Honig v Board of Elections of Nassau County ( 51 A.D.2d 1050) is applicable herein. Permission is hereby granted for the taking of an appeal to the Court of Appeals. Margett, Acting P.J., Damiani, Rabin, Shapiro and Titone, JJ., concur.

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MATTER OF BERRY v. DODD
(Mar 24, 1976)