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MATTER OF SCOTT v. CURRAN

277 A.D. 344 (1950)

In the Matter of Janet Scott, on Behalf of Herself and Others Similarly Situated, Respondent, v. Thomas J. Curran, as Secretary of State of The State of New York, Defendant, and Thomas F. Donohue et al., Constituting The Board of Elections of Albany County, Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 5, 1950.

Attorney(s) appearing for the Case

Walter L. Collins, County Attorney (Evariste G. Lavigne, of counsel), for the Board of Elections of Albany County, appellant.

Gray & Sidman and Morris Zuckman, for Janet Scott and others similarly situated, respondents.

FOSTER, P. J., HEFFERNAN, BERGAN and COON, JJ., concur; DEYO, J., dissents and votes to affirm on the authority of Matter of Wheeler v. Curran (274 App. Div. 911).

Per Curiam.

The Special Term, invoking its discretion, directed the filing of such certificates despite the fact that they failed to comply with the statute (Election Law, § 140) in that there were not appended thereto the written consents, duly acknowledged, of the nominees.

No proof, oral or written, was taken before the Special Term, and the petition before the Special Term alleged no facts sufficient...

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