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In the Matter of JOHN A. MULLEN, Appellant, against WILLIAM J. HEFFERNAN et al., Constituting the Board of Elections of the City of New York, et al., Respondents.

Order affirmed, without costs upon the ground that the Special Term was without jurisdiction of the proceeding under section 330 of the Election Law. (See Matter of Hogan v. Supreme Court, 281 N.Y. 572, and Matter of Commerdinger v. Vincent, 246 App. Div. 834, affd. 270 N.Y. 657.) We pass upon no other question. No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ.

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MATTER OF MULLEN v. HEFFERNAN
(Dec 3, 1948)