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Charles M. Gadsden v. Board of Elections, Objector. In the Matter of Elaine R. Berlin v. Board of Elections of the City of New York, and Wilbert Kirby, Appellant In the Matter of Wilbert Kirby v. Anthony Sadowski, and Douglas A. Kellner, (And Another Proceeding.)
Opinions in this case
- Majority
- Dissent — Bloomfein
Judgment, Supreme Court, New York County (A. Klein, J.), entered on September 3,1982 affirmed, without costs and without disbursements. Matter ofWein v Molinari (51 NY2d 717) seems to us dispositive of the issue presented, although we acknowledge possible merit in the distinction urged in the dissenting opinion. We are not persuaded that the record establishes a waiver of the claimed jurisdictional defect. Concur — Sandler, J. P., Asch and Milonas, JJ.