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In re Whitman

186 A.D. 953 Court Second Department, English

Contents

Majority

p. 953
Second Department,
December, 1918.
In the Matter of the Application of Charles S. Whitman for Judicial Review of Ballots Pursuant to the Provision of Section 381 of the Election Law.[1]

Headnote

Motion for leave to appeal to the Court of Appeals and for a stay.

All questions presented upon this application can come before the Court of Appeals upon an appeal from a final determination in the present proceeding. This motion to certify questions to that court is denied, without costs, and the stay is vacated. This denial is without prejudice to any application that may be made after appeal from any final order in these proceedings. Jenks, P. J., Thomas, Putnam, Blaekmar and Jayeox, JJ., concurred. All questions presented upon this application can come before the Court of Appeals upon an appeal from a final determination in the present proceeding. Motion to certify questions to the Court of Appeals denied, without costs, and stay vacated. This denial is without prejudice to any application that may be made after appeal from any final order in these proceedings. Order signed.