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Burns v. Flynn

268 N.Y. 601 Court N.Y. Decision date 1935-07-11 English

Judges Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ.

Contents

Majority

p. 601
In the Matter of Maurice J. Burns, Appellant, against Edward J. Flynn, as Secretary of the State of New York, et al., Respondents.
(Argued July 11, 1935;
decided July 11, 1935.)
p. 602
James A. Smyth and George W. Tucker for appellant.
John J. Bennett, Jr., Attorney-General (Henry Epstein of counsel), for Edward J. Flynn, Secretary of State, respondent.
p. 603
Paul Windels, Corporation Counsel (Paxton Blair and Bussell Lord Tarbox of counsel), for The Board of Elections in the City of New York, respondent.

Order affirmed, without costs. Apportionment is a duty placed by the Constitution on the Legislature, over which the courts have no jurisdiction. No opinion.

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