New York Supreme Court, 1948

Banks v. Donohue

New York Supreme Court · Decided October 11, 1948 · Bookstein

192 Misc. 1060; 83 N.Y.S.2d 279; 1948 N.Y. Misc. LEXIS 3330

Counsel

Morris Zuckman for petitioners., Walter L. Collins, County Attorney (Frank Pedlow of counsel), for Albany County Board of Elections, respondent., Ernest B. Morris for Henry H. Bessette and another, Republican members of the Albany County Board of Elections, respondents.

Opinion of the Court

Bookstein, J.

The facts in this proceeding are precisely the same as in Matter of Wheeler v. Curran (192 Misc. 1055) argued and decided simultaneously therewith, except that in this proceeding the rejection of the certificate nominating the petitioners to fill the vacancies in the various offices for which they were named in said certificate, was oral, rather than in writing, due to the alleged late filing.

For the reasons stated in the memorandum of decision in the Wheeler matter {supra), the application of the petitioners is granted, without costs.

Submit order.

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