Eagle v. Coveney — 20 N.Y.2d 874

Majority

p. 874

In the Matter of Milton Eagle et al., Appellants, v. Frank Coveney et al., Constituting the Board of Elections of the County of Suffolk, and Leo E. James et al., Respondents.

Argued November 1, 1967;

decided November 2, 1967.

p. 875

Allan Ross for appellants.

Irving A. James for respondents.

Order reversed, without costs, and matter remanded to Special Term for further proceedings on the ground that the meeting of the Executive Committee held September 10 was not a “ primary election or convention ” under section 330 (subd. 2) of the Election Law and, accordingly, the proceeding herein was properly brought.

Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel.