Garside v. Cohen — 265 N.Y. 606

Majority

p. 606

In the Matter of Charles Garside et al., Appellants, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York, Respondents.

(Argued October 31, 1934;

decided October 31, 1934.)

Watson Washburn, Maxwell Shapiro, Sanford H. Cohen, Whitney N. Seymour and Kenneth F. Simpson for appellants.

Paul Windels, Corporation Counsel (Russell L. Tarbox of counsel), for Board of Elections, respondents.

p. 607

Benjamin J. Rabin, Irving H. Saypol, Samuel L. Scholer and Cornelius J. Smyth for Bernard Botein et al., respondents.

Order of the Appellate Division reversed and that of the Special Term affirmed. Held, that the nominating petition was valid notwithstanding the irregularity in naming more than one committee to fill vacancies. No opinion.

Concur: Pound, Ch. J., Crane, Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ.