Tuomey v. Howard — 296 N.Y. 628

Majority

p. 628

In the Matter of James W. Tuomey, Respondent, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York. Jerome G. Ambro, Appellant.

Argued August 17, 1946;

decided. August 17, 1946.

p. 629

Samuel M. Ostroff for appellant.

Abraham J. Multer for respondent.

John J. Bennett, Corporation Counsel (Bussell L. Tarbooo of counsel), for S. Howard Cohen et ah, constituting the Board of Elections of the City of New York.

Memorandum: Some of the judges are of opinion that the appellant Ambro validly complied with section 335 of the Election Law but that view does not have the support of a majority of the court. Since the Appellate Division’s order of modification was made on the law alone, we lack the power to review the facts (Civ. Prac. Act, § 602). Hence, the order is affirmed, without costs. No opinion.

Concur: Lotjghran, Ch. J., Lewis, Conway, Desmond and Ftjld, JJ. Taking no part: Thacher and Dye, JJ.