Majority
p. 701(September 10, 1937.) In the Matter of the Application of Charles A. Morton for an Order to Compel the Board of Elections of the County of Nassau to Print His Name as a Candidate for Member of the Nassau County Committee of the Republican Party for the 134th Election District of the First Assembly District of the Town of Hempstead upon the Ballot for the Primary Election to Be Held on September 16, 1937. Charles A. Morton, Appellant; Board of Elections of the County of Nassau and Perry A. Beck, Respondents.
At the time the committee to fill vacancies acted there were three members thereof and a majority was authorized to and did fill the vacancy. Order denying application reversed on the law and the facts, without costs, and motion granted, without costs. Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ., concur.