Licitra v. Power — 8 N.Y.2d 871

Majority

p. 871

In the Matter of Joseph Licitra, Appellant, against James M. Power et al., Constituting the Board of Elections of the City of New York, et al., Respondents. In the Matter of Joseph J. Kunzeman, Appellant, against James M. Power et al., Constituting the Board of Elections of the City of New York, et al., Respondents.

Argued June 2, 1960;

decided June 2, 1960.

p. 872

I. Robert Bassin for Joseph Licitra, appellant.

Alan Beldock for Joseph J. Kunzeman, appellant.

Leo Brown and Isidore Levine for respondents.

In each proceeding: Order affirmed, without costs. The Executive Committee was legally constituted pursuant to the valid Rules of the Liberal Party of Queens County. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke, Foster and Bergan^[1] . Judge Van Voorhis dissents and votes to reverse and to grant the petition upon the ground that it required a legally constituted Executive Committee to grant the party authorization for indorsement of candidates of another political party as required by subdivision 4 of section 137 of the Election Law.

* Designated pursuant to section 5 of article VI of the State Constitution in the .temporary absence of Judge Froessel.