Foley v. Power — 12 N.Y.2d 652

Majority

p. 652

In the Matter of Patrick J. Foley et al., Respondents, v. James M. Power et al., Constituting the Board of Elections of the City of New York, and John J. Keohane, Appellant.

Argued August 30, 1962;

decided August 30, 1962.

p. 653

Lewis Abrahams for appellant.

Demarest J. Hahn and Morris Schwalb for respondents.

Order reversed, without costs, and appellant’s designating petition validated, upon the ground that there is here no proof or finding of fraud and no failure to number the pages of the petition consecutively as required by section 135 of the Election Law. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Froessel, Van Voorhis, Burke and Foster. Taking no part: Judge Fuld.