Tricario v. Power — 13 N.Y.2d 886

Majority

p. 886

In the Matter of Salvatore Tricario, Sr., Appellant, v. James M. Power et al., Constituting the Board of Elections of the City of New York, and Frederick Irizarry et al., Respondents.

Argued August 30,1963;

decided August 30, 1963.

p. 888

Anthony J. Grasiano for appellant.

Maos Feigin for Frederick Irizarry and another, respondents.

Order affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke and Scileppi. Judges Van Voobhis and Foster dissent as to Jacqueline Foster Herring only and vote as to her to reverse the order of the Appellate Division and to reinstate the order of Special Term. Section 138-a of the Election Law does not relate to surnames and paragraph (3) of subdivision 2 of section 412 of the Election Law contemplates that a married woman must go either under her maiden name or her married name and not use these interchangeably in situations of this nature. Interchanging these names may frustrate the purpose of section 135 of the Election Law.