In re McCall — 264 A.D. 954

Majority

p. 954

First Department,

September, 1942.

(September 22, 1942.)

In the Matter of the Application of John T. McCall, Petitioner, Appellant, an Aggrieved Candidate, for the Determination by the Court as to the Purported Declination of Charles A. Muzzicato as Candidate of the American Labor Party for the Public Office of State Senator, 18th Senatorial District, New York, and the Purported Certificate of Substitution of Richard A. DiCostanzo as Candidate of the American Labor Party for the Public Office of State Senator, 18th Senatorial District, New York, in Place and Stead of said Charles A. Muzzicato, and the New York County Committee of the American Labor Party, Respondents.

Order reversed and the motion in all respects granted. No opinion. Present — Martin, P. J., Towriley, Glennon, Untermyer and Dore, JJ.; Untermyer and Dore, JJ., dissent and vote to affirm. Settle order on notice. [ 179 Misc. 32 . See 289 N. Y. 104 , revg. App. Div. and affg. Special Term order.]

Cases cited

In re McCall 179 Misc. 32 N.Y. Sup. Ct. 1942-09-16 p. 954
In re McCall 289 N. Y. 104 N.Y. 1942-10-08 p. 954