Appellate Division of the Supreme Court of New York, 1907

In re the Application for an Order to Strike from the Enrollment Book of the Twenty-seventh Election District

Appellate Division of the Supreme Court of New York · Decided February 15, 1907 · Clarke, Laughlin, Scott

117 A.D. 637; 102 N.Y.S. 856; 1907 N.Y. App. Div. LEXIS 312

Counsel

James H. Hickey, for the appellant., Theodore Connoly, for the respondents.

Opinion of the Court

Laughlin, J.:

The material facts presented by this-record'differ from those preented in the Matter of Titus (117 App. Div. 621), argued and decided herewith, only in that the affiant, who asserts the, facts positively, resided next door'on the same avenue to the number *638from whicli the elector enrolled, and consequently the opinion in that iqatter is decisive of this appeal. - , • .

It follows that the order should be affirmed upon the authority of . the opinion in Matter of Titus.

Pattebson, P. J., concurred; Clarke and Ingraham, JJ., dissented.

Concurring Opinion

Scott, J. (concurring):

For the reasons stated in Matter of Titus, I concur in result.

Dissenting Opinion

Clarke, J. (dissenting):

For the reasons stated in the opinion handed down herewith in Matter of O'Brien (117 App. Div. 628), the order- appealed from herein should be reversed and.the application granted.

Ingraham, J., concurred.

Order affirmed. Order tiled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.