Counts v. Smith — 1 N.Y.2d 809

Majority

p. 809

In the Matter of George S. Counts, as Chairman of the State Committee of the Liberal Party, Appellant, against Robert W. Smith et al., as Commissioners of Election, et al., Respondents.

Argued May 25, 1956;

decided May 29, 1956.

p. 810

Hyman Bravin and Max Bloom for appellant.

Joseph P. Boyle for Robert W. Smith and another, as commissioners of election, respondents.

Ralph E. Bircher for Harold Goldstein and another, respondents.

Order reversed and proceeding remitted to Special Term for the entry of an order granting the relief prayed for in the petition. This petition designated no one for the party position of member of the county committee. Petitioner; as a party committee chairman, had standing under subdivision 3 of section 330 of the Election Law to bring this proceeding although he had not previously filed objections with the board of elections. No opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke, JJ.