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In the Matter of DAVID M. CIVILETTE, Respondent, v. GEORGE CACCAMISE et al., Constituting the Board of Elections of the County of Chautauqua, et al., Appellants.

Order affirmed, without costs; no opinion.

Concur: Chief Judge FULD and Judges BURKE, GABRIELLI, JONES and WACHTLER. Judges JASEN and SHAPIRO dissent and vote to reverse on the authority of Matter of Cohalan v. Olmo ( 41 A.D.2d 840) and the fact that upon the argument of this appeal the appellants presented a certified copy of the petition filed with the Board of Elections, the contents of which were conceded by the respondent to be accurate.

Designated pursuant to section 2 of article VI of the State Constitution in place of BREITEL, J.

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MATTER OF CIVILETTE v. CACCAMISE
(Oct 23, 1973)