Majority
The use of the signs on the same building as .shown by Exhibits A, B, C and D, together with the use of the word “ Democratic ” and the emblem of the regular Democratic Party in connection with them, in our opinion is improper as it would have a tendency to confuse the voters and create the impression that the names appearing upon the signs are the candidates of the regular Democratic organization. (Fay v. O’Connor, 169 Misc. 466 , affd. 257 App. Div. 815 , affd. 281 N. Y. 849 .) The order, accordingly, should be affirmed.
Martin, P. J., Townley, Glennon and Cohn, JJ., concur; Dore, J., taking no part.
Order unanimously affirmed.
Cases cited
- Fay v. O'Connor 169 Misc. 466 p. 938
- Fay v. O'Connor 281 N. Y. 849 p. 938