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In the Matter of a Petition Purporting to Nominate JOHN F. HYLAN for Governor and Others for Certain Public Offices of the State of New York as Candidates of the Recovery Party. JOHN F. HYLAN et al., Appellants; EDWARD P. McCORMACK et al., Respondents.

Per Curiam.

Considering the fact that this is a summary proceeding, where prompt action is necessary, we find no question of law is presented which requires reversal. (Election Law [Cons. Laws, ch. 17], §§ 330, 335.)

The Supreme Court made "such order as justice may require," within the contemplation of the Election Law. (§ 330.) To order a new trial at this time for technical errors not affecting substantial rights would be a futility.

The order should be affirmed.

POUND, Ch. J., CRANE, O'BRIEN, HUBBS, CROUCH and LOUGHRAN, JJ., concur; LEHMAN, J., not sitting.

Order affirmed.

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MATTER OF HYLAN
(Oct 31, 1934)