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In the Matter of J. RUSSELL CLUNE, Respondent, v. ALBERT T. HAYDUK et al., Constituting the Board of Elections of the County of Westchester, and CHARLES J. STEPHENS et al., Appellants.

Order reversed, without costs, and the petition under section 330 of the Election Law denied (see Matter of Maurin v. Allis, 28 A.D.2d 810, affd. 20 N.Y.2d 671; cf. Matter of Sciarra v. Donnelly, 34 N.Y.2d 970).

Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN and STALEY. Taking no part: Judge STEVENS.

Designated pursuant to section 2 of article VI of the State Constitution.

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MATTER OF CLUNE v. HAYDUK
(Aug 28, 1974)