Timms v. Cohen

264 A.D. 952 · Appellate Division of the Supreme Court of the State of New York · Aug 4, 1942

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In the Matter of the Application of Josephine Timms and Sanford Chalfin, on Their Own Behalf and on Behalf of All Other Persons Designated as Candidates for the Public Office of Assemblyman and for the Party Positions of Members of the State Committee of the American Labor Party, of Delegates and Alternate Delegates to the State Convention of the American Labor Party, and of Delegates and Alternate Delegates to the Judicial Convention of the American Labor Party, Second Judicial District, All of Said Candidates Both for Public Office and for Party Position Being from the 4th Assembly District, County of Kings, for an Order Pursuant to Article XIV and Sections 330 and 335 of the Election Law against S. Howard Cohen and Others, Commissioners of Election of the City of New York, Constituting the Board of Elections of the City of New York, and Harry Schepps, Objector

Order denying appellants’ motion to declare valid, proper, sufficient and legally effective the designation of the petitioners as candidates for public office and party positions to be voted for at the primary election of the American Labor party, 4th Assembly District, Kings county, and directing the Board of Elections to place the names of the petitioners, as such candidates, upon the official ballots to be used at the primary election, affirmed, without costs. (See Matter of McElroy v. Cohen, 286 N. Y. 686; Matter of Lieblich v. Cohen, Id. 559.) Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.