Majority
p. 726First Department, September, 1934. In the Matter of the Application of Milton K. Nestler, Respondent, for a Peremptory Mandamus Order against S. Howard Cohen and Others, Constituting the Board of Elections of the City of New York, Appellants.[1]
— The Election Law plainly contemplates that the candidate designated to fill a vacancy shall be a person other than the person originally named. Order entered September 1, 1934, as resettled by an order entered on the 4th day of September, 1934, reversed, without costs, and the motion for a peremptory mandamus order denied. Appeal from order entered September 6, 1934, dismissed. Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.