Board of Elections v. Keleher — 124 A.D. 918

Majority

p. 918

In the Matter of Striking the Name of William Heineman from the Original Primary Enrollment Book of the Fourth Election District of the Twenty-third Assembly District, etc. The Board of Elections of the City of New York, Appellant, v. William T. Keleher, Respondent.

Headnote

Election Law — name struck from primary enrollment boolc.

Appeal by the board of elections from an order entered in the New York county clerk’s office on the 19th day of September, 1907, compelling the said board to strike the name of William Heineman from the primary enrollment book.

This case cannot bo distinguished from Matter of Titus ( 117 App. Div. 621 ; affd., 188 N. Y. 585 ). Upon the authority of that case, as well as Matter of O'Brien ( 117 App. Div. 628 ; affd., 188 N. Y. 585 ) and Matter of

p. 919

McGuire ( 117 App. Div. 637 ; affd., 188 N. Y. 585 ) the order here appealed from must be reversed and the motion denied. Patterson, P. J., Laughlin, Clarke and Scott, JJ., concurred. Order reversed and application denied.

Cases cited

In re Titus 117 App. Div. 621 N.Y. App. Div. 1907-02-15 p. 918
In re Dalessandro 188 N. Y. 585 N.Y. 1907-04-16 p. 918, p. 919
In re O'Brien 117 App. Div. 628 N.Y. App. Div. 1907-02-15 p. 918
In re McGuire 117 App. Div. 637 N.Y. App. Div. 1907-02-15 p. 919