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Board of Elections v. Keleher

108 N.Y.S. 1137 Court N.Y. App. Div. Decision date 1908-02-07 English

Delivered by McLATJGHLIN, J.

Contents

Majority

p. 1137
In re KELEHER. BOARD OF ELECTIONS OF CITY OF NEW YORK, Appellant, v. KELEHER, Respondent.
(Supreme Court, Appellate Division, First Department.
February 7, 1908.)

Headnote

Appeal from Special Term. Application by William T. Keleher for an order-issued to the board of elections of the city of New York to compel it to strike from the enrollment book of the Fourth Election district of the Twenty-Third assembly district the name of William Heineman. From an order granting such relief, the board of elections appeals. Reversed, and motion denied.
Terence Farley, for appellant.

This case cannot be distinguished from Matter of Titus, 117 App. Div. 621 , 102 N. Y. Supp. 851 , affirmed 188 N. Y. 585 , 81 N. E. 1163 . Upon the authority of that case, as well as Matter of O’Brien, 117 App. Div. 688 , 102 N. Y. Supp. 845 , affirmed 188 N. Y. 585 , 81 N. E. 1163 , and Matter of McGuire, 117 App. Div. 637 , 102 N. Y. Supp. 856 , affirmed 188 N. Y. 585 , 81 N. E. 1163 , the order here appealed from must be reversed, and the motion denied.

All concur.

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