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Appellate Division of the Supreme Court of New York, 1911

In re Koenig

In re Koenig
Appellate Division of the Supreme Court of New York · Decided September 28, 1911 · Ingraham
146 A.D. 371; 131 N.Y.S. 140; 1911 N.Y. App. Div. LEXIS 1894

Counsel

Terence Farley and Abram I. Elkus, for the appellants board of elections, etc., D-Cady Herrick, for the Democratic State committee., A. S. Gilbert, for the petitioner.

In re Koenig

Opinion of the Court

Ingraham, P. J.:

This appeal was argued with the case of Matter of Hopper v. Britt (146 App. Div. 363) and presents the same question pre*372sented on that appeal. For the reasons stated in the opinion in that case the order appealed from must be reversed, with 1 ten dollars costs and disbursements, and the application denied, with fifty dollars costs.

McLaughlin, Miller and Dowling, JJ., concurred; Clarke, J., dissented.

Order reversed, with ten dollars costs and disbursements, and motion denied, with fifty dollars costs, as matter of law and not in the exercise of discretion.

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