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In re Drislane

248 A.D. 938 Court N.Y. App. Div. Decision date 1936-10-22 English

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p. 938
In the Matter of the Application of William E. Drislane and Orvis A. Brenenstuhl for an Order Striking Out as Invalid and Void a Petition Purporting to Nominate Joseph A. Bertasso and Others for Electors of the President and Vice-President of the United States, and Emmet J. Larkin for Governor of the State of New York, and Other Persons for Public Office, as Candidates of an Alleged Independent Body Designated “The Union Party,” Filed in the Office of the Secretary of State on the 6th Day of October, 1936; and Directing That the Names of Candidates on Said Petition Shall Not Be Placed on the Official Ballots to Be Used in the Election to Be Held November 3, 1936; and for Other Relief.

Motion for leave to appeal to the Court of Appeals granted. [See ante, p. 937.] The court hereby certifies that in its opinion a question of law is involved herein which ought to be reviewed by the Court of Appeals. Present — Rhodes, Acting P. J., McNamee, Crapser, Bliss and Heffernan, JJ.