WEXLER v. POWER


306 N.Y. 553 (1953)

In the Matter of Ethel Wexler et al., Respondents, v. James M. Power et al., Constituting The Board of Elections of the City of New York, et al., Respondents, and Victor L. Anfuso et al., Appellants.

Court of Appeals of the State of New York.

Decided September 9, 1953


Attorney(s) appearing for the Case

Abraham J. Gellinoff, S. Philip Cohen and Alfred J. Callahan for appellants.

George Rosling and Sidney Squire for Ethel Wexler and another, respondents.

Concur: LEWIS, Ch. J., CONWAY, DYE and FROESSEL, JJ. Dissent: DESMOND, FULD and VAN VOORHIS, JJ.


Order affirmed. The enrollment of Puglisi having been properly cancelled under section 332 of the Election Law, the only remaining question is as to the date on which the cancellation became operative. We agree with the courts below that such date is that of the improper enrollment. (See Election Law, § 135, par. 3.) No opinion.

DESMOND, FULD and VAN VOORHIS, JJ., dissent and vote to reverse in the following memorandum:

In Matter of Rhatigan v. Power...

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