Full text
In the Matter of James Rosemond and Another, Citizens of the State of New York, against Felix Corscadden and Others, as the Board of Elections of the County of Albany, Impleaded with Philip Morrisey
Order reversed, as a matter of law, and not in the exercise of discretion, and motion denied, without costs, on the ground that the justice had no authority to make the order, the defect complained of being jurisdictional, and the statute requiring the verification being mandatory; and on the authority of Matter of Swarthout (76 Misc. 24); Matter of Murphy (189 App. Div. 135), and Matter of King (155 id. 720).
Van Kirk, P. J., Hinman, Whitmyer and Hasbrouck, JJ., concur; Davis, J., dissents and votes for affirmance.