Majority
p. 726Third Department, October, 1937. (October 27, 1937.) In the Matter of the Application of William L. Graul, Petitioner, Respondent, for a Peremptory Mandamus Order against Henry A. Shaeffer and Willard C. Barker, Members of the Board of Elections of the County of Saratoga, and Charles Lynch, Commissioner of Accounts of the City of Saratoga Springs. Harold F, Smith, Appellant.
The board of elections of Saratoga county assigned positions on the voting machine ballot to candidates for the office of commissioner of public works of the city of Saratoga Springs. The Special Term of the Supreme Court by an order changed the positions. An appeal has been taken from that order. Order reversed, on the law and the facts, and the determination of the board of elections reinstated. . Hill, P. J., Rhodes, MeNamee and Crapser, JJ., concur; Bliss, J., dissents.