Majority
p. 792In the Matter of the Application of Thomas J. Dorsey, Petitioner, for a Peremptory Order of Mandamus against S. Howard Cohen and Others, as and Constituting the Board of Elections of the City of New York, Respondents.[1] Supreme Court, New York County, August 29, 1935.
Thomas A. McGrath, for the petitioner.
Paul Windels, Corporation Counsel, for the Board of Elections.
Arthur G. Syran, for James P. Ryan.
The provisions of section 135 of the Election Law, added by chapter 955 of the Laws of 1935, requiring a statement showing when and where the subscribing witness was last registered, is a substantial amendment. Its efficacy to prevent fraud is not a matter for the court’s consideration. It must be complied with, along with other formal requirements of law. Non-compliance therewith justifies the action which the board of elections has taken. Motion denied. Settle order on one day’s notice.