Barber v. Lomenzo — 16 N.Y.2d 963

Majority

p. 963

In the Matter of Theodore W. Barber, Respondent, v. John P. Lomenzo, as Secretary of State, Appellant.

Argued October 25, 1905;

decided October 26, 1965.

p. 964

Louis J. Lefkowitz, Attorney-General (Herbert H. Smith and Ruth K. Toch of counsel), for appellant.

Michael J. Sullivan for respondent.

Order affirmed, without costs. Within the intent of the Election Law sections, the Appellate Division’s decision is correct. We need not pass on any constitutional question. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke, Scileppi and Bergan. Judge Van Voorhis dissents and votes to reverse and to reinstate the order of Special Term.