Majority
p. 537In the Matter of the Application of Wilfred E. Youker, Appellant, for a Peremptory Writ of Mandamus against Edward Lazansky, as Secretary of State, et al., Respondents. (Argued October 2, 1911; decided October 3, 1911.)
Headnote
Matter of Youker, 146 App. Div. 894 , appeal dismissed.Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department,
p. 538
entered September 25, 1911, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the secretary of state to make and transmit to the custodian of primary records a notice under his hand and seal specifying the office of the Municipal Court justice for the sixth district Municipal Court within the borough of Brooklyn, city of New York, as one of the officers to be voted for at the coming election in November, 1911.
Charles B. Law for appellant.
Thomas Carmody, Attorney-General (Wilber W. Chambers and Robert P. Beyer of counsel), for secretary of state, respondent.
Archibald R. Watson, Corporation Counsel (James D. Bell of counsel), for board of elections of the city of New York, respondent. •
Appeal dismissed, with costs; no opinion.
Concur: Cullen, Ch. J.,' Haight, Vann, Werner, . Willard Bartlett, Hiscóck and Chase, JJ.