Full text
In the Matter of the Application of Eugene J. Finnegan, for an Order Declaring Insufficient, Invalid, Illegal, Fraudulent, Perjured, and Void, the Alleged Petition Known as the Arthur J. W. Hilly Petition Purporting to Designate Candidates for Members of the Democratic County Committee in the 1 Through 56, Inclusive, Election Districts of the 11th Assembly District, New York County, against S. Howard Cohen and Others, They Constituting the Board of Elections in the City of New York, and Arthur J. W. Hilly, Being the First Person Named on the Committee to Fill Vacancies in the Said Alleged Designating Petitions
Opinions in this case
- Majority
- Dissent — Malley
Appeal by the petitioner from an order of the Supreme Court, entered in the New York county clerk’s office on September 6, 1941, denying petitioner’s motion to strike out certain petitions for county committeemen.
Order affirmed, without costs. (See Matter of Holley [Rittenberg], 268 N. Y. 484.) Leave to appeal to the Court of Appeals granted.
Present — O’Malley, Glennon, Dore, Cohn and Callahan, JJ.; O’Malley, J., dissents and votes to reverse and grant the motion; dissenting opinion by O’Malley, J. [177 Misc. 142.]