Majority
p. 682In the Matter of Spencer C. Young, Respondent. Coleman B. Cheney et al., as Candidates of Socialist Party, Appellants. Argued October 25, 1946; decided October 25, 1946.
p. 683
Joseph G. Glass for appellants.
Robert E. Whalen, Sharon J. Mauhs, Robert J. Laffin, George Myers, Sol Rubenstein and Russell G. Runt for respondent.
Nathaniel L. Goldstein, Attorney-General (John R. Davison of counsel), for'Secretary of State.
Order affirmed, without costs on the authority of Matter of Young (Industrial Government Party) ( 296 N. Y. 684 ), decided herewith. Application by Secretary of State to cancel and revoke by telegram his certification of the candidates, etc., granted. No opinion.
Concur: Loughban, Ch. J., Lewis, Conway and Dye, JJ. Desmond, Thacheb and Fuld, JJ., dissent for reasons stated in their dissenting memorandum in Matter of Young (Industrial Government Party) ( 296 N. Y. 684 ), decided herewith.
Cases cited
- In re Young 296 N. Y. 684 p. 683