Majority
p. 748In the Matter of George W. Cregg, Respondent, v. Henry A. Fisselbrand et al., Constituting the Board of Elections of the County of Onondaga, et al., Respondents, and Donald H. Mead et al., Appellants. Argued January 13, 1965; decided January 14, 1965.
p. 750
Arthur A. Agan for Donald H. Mead, appellant.
Louis J. Lefkowitz, Attorney-General (Herbert H. Smith of counsel), for John P. Lomenzo, as Secretary of State of the State of New York, and Louis J. Lefkowitz, Attorney-General, appellants.
Richard D. Kharas for petitioner-respondent.
Eli Gingold, County Attorney (Nathan I. Share of counsel), for Board of Elections of Onondaga County, respondent.
Order affirmed, Without costs; no opinion.
Concur: Chief Judge Desmond and Judges Fuld, Van Voorhis, Burke and Bergan. Judge Dye dissents and votes to modify by adding to the order of direction “ the County of Onondaga ”
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in the recanvass for the reason that the County Chairman of the Democratic party was entitled to be notified of the recanvass by the Board of Elections as required by section 274 of the Election Law. Taking no part: Judge Scilbppi.