White v. Voorhis — 182 A.D. 913

Majority

p. 913

First Department,

February, 1918.

In the Matter of the Petition of Martin J. White and Others, Appellants, for a Peremptory Writ of Mandamus against John R. Voorhis and Others, Constituting the Board of Elections of the City of New York, Respondents. Merton E. Lewis, as Attorney-General of the State of New York, and Others, Interveners, Respondents.

Headnote

Appeal by the petitioners and by the Democratic party of New York county and another from an order of the Supreme Court, made at the New York Special Term and entered in the New York county clerk’s office February 5, 1918, dismissing the application herein upon the merits and as a matter of law.

The Court of Appeals having set Tuesday, February 12, 1918, for hearing an appeal from an order of the Appellate Division in the Second Department, affirming pro forma an order involving the same questions as are presented by this appeal, we affirm this order pro forma, in order that the appeal herein may be presented for the consideration of that court at the same time. Present — Clarke, P. J., Laughlin, Dowling, Page and Shearn, JJ. Order affirmed, and leave granted to appeal to the Court of Appeals.