Majority
p. 555In the Matter of the Application of Samson Inselbuch for an Inspection and Re-examination of the Voting Machines with Respect to a Recount of the Votes Cast at the General Election Held on November 6, 1934, for the Office of Assemblyman in the Sixth Assembly District, Kings County. Samson Inselbuch, Appellant, v. Julius Helfand; S. Howard Cohen and Others, Constituting the Board of Elections of the City of New York and the County Board of Canvassers of the County of Kings, and John N. Harmon, County Clerk of Kings County, Respondents.
Motion for reargument denied. Motion for leave to appeal to the Court of Appeals granted. The stay restraining opening of the voting machines granted herein December 18, 1934, will be continued until four p. m., December 21, 1934, to give respondent an opportunity to apply to a judge of the Court of Appeals for a stay pending appeal to that court. If such stay be not granted, the board of elections is directed to proceed on December 22 at ten a. m., pursuant to the order of tliis court made on December 17, 1934. Present — Lazansky, P. J., Kapper, Hagarty, Carswell and Davis, JJ. [See ante, p. 554.]