Burns v. Flynn — 245 A.D. 799

Majority

p. 799

In the Matter of the Application of Maurice J. Burns, Appellant, for a Mandamus Order against Edward J. Flynn, as Secretary of the State of New York, and S. Howard Cohen and Others, Commissioners of the Board of Elections in the City of New York, Respondents.

Appeal from an order denying petitioner’s motion to restrain the Secretary of State from certifying for the primary and general election for 1935 the two Senators and six Assemblymen now apportioned and chosen from Queens county, and other relief. For further statement of facts see opinion in court below ( 155 Misc. 742 ). Order unanimously affirmed, without costs. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

Cases cited

Burns v. Flynn 155 Misc. 742 N.Y. Sup. Ct. 1935-06-19 p. 799