Majority
p. 789
In the Matter of the Application of George R. Brennan, as Chairman of the Republican County Committee of Nassau County, for Relief by a Peremptory Order of Mandamus, or Otherwise, Appellant, against John S. Thorp, as County Clerk and Acting as a Board of Elections for and in the County of Nassau, and
p. 790Another, Respondents.
Order affirmed as a matter of law and not in the exercise of discretion. Legislation upon which Matter of Haskell v. Voorhis ( 246 N. Y. 256 ) was predicated was changed by section 249 of the Election Law (Laws of 1932, chap. 587). Lazansky, P. J., Kapper, Hagarty, Carswell and Davis, JJ., concur.
Cases cited
- Haskell v. Voorhis 246 N. Y. 256 p. 790