Majority
p. 895In the Matter of the Application of Philip Reisman to Review the Action of the Inspectors of the Primary Election of the Several Election Districts of the 8th Assembly District of the County of Kings, State of New York, and the Custodian’s Records of the Primary Records of the County of Kings in Counting the Ballots Cast and the Canvassing and Recording of Results of the Primary Election
p. 896for the Party Position of Members of the State Committee for the 8th Assembly District, Kings County, Held by the American Labor Party in the Said 8th Assembly District, Kings County, State of New York, on the 2nd Day of April, 1940; and/or for an Order to Determine Any Questions Arising in Respect to the Blank or Void Ballots; and/or for an Order Permitting the Examination and Recanvassing of Any and All Ballots and the Preservation of the Same; and/or for an Order Directing the Holding of a New Primary Election Pursuant to Section 330 and Section 333 of the Election Law, Appellant, against Anthony V. Calace and Others, Candidates for the Party Position of Members of the State Committee of the American Labor Party, the Inspectors of Election of the Several Election Districts of the 8th Assembly District in the County of Kings, State of New York, 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 Francis J. Sinnott, County Clerk of the County of Kings, Respondents.
Order denying petitioner’s motion for a recanvass of ballots cast in the primary election for members of the State Committee of the American Labor Party in the 8th Assembly District, Kings County, reversed, on consent, without costs. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur. Settle order, on notice, before the Presiding Justice, on Wednesday, May 15, 1940, at 9:30 a. m.