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Banks v. Donohue

192 Misc. 1060 Court Supreme Court, Special Term, Albany County, Decision date 1948-10-11 English

Delivered by Bookstein, J.

Contents

Majority

p. 1060
In the Matter of Chester A. Banks et al., Petitioners, against Thomas F. Donohue et al., Constituting the Board of Elections of Albany County, Respondents.
Supreme Court, Special Term, Albany County,
October 11, 1948.

Headnote

For headnote, see Matter of Wheeler v. Curran, 192 Mise. 1055.
Morris Zuckman for petitioners.
Walter L. Collins, County Attorney (Frank Pedlow of counsel), for Albany County Board of Elections, respondent.
Ernest B. Morris for Henry H. Bessette and another, Republican members of the Albany County Board of Elections, respondents.

The facts in this proceeding are precisely the same as in Matter of Wheeler v. Curran ( 192 Misc. 1055 ) argued and decided simultaneously therewith, except that in this proceeding the rejection of the certificate nominating the petitioners to fill the vacancies in the various offices for which they were named in said certificate, was oral, rather than in writing, due to the alleged late filing.

For the reasons stated in the memorandum of decision in the Wheeler matter {supra), the application of the petitioners is granted, without costs.

Submit order.

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