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In the Matter of a Petition Purporting to Nominate John F. Hylan for Governor and Others for Certain Public Offices of the State of New York as Candidates of the Recovery Party; John F. Hylan Et Al., Appellants; Edward P. McCormack Et Al., Respondents
Per Curiam.
Considering the fact that this is a summary proceeding, where prompt action is necessary, we find no question of law is presented which requires reversal. (Election Law [Cons. Laws, ch. 17], §§ 330, 335.)
The Supreme Court made “ such order as justice may require,” within the contemplation of the Election Law. (§ 330.) To order a new trial at this time for technical errors not affecting substantial rights would be a futility.
The order should be affirmed.
Pound, Ch. J., Crane, O’Brien, Hubbs, Crouch and Loughran, JJ., concur; Lehman, J., not sitting..
Order affirmed.