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DENT v. POWER

307 N.Y. 826 (1954)

In the Matter of Virginia M. Dent, Respondent, v. James M. Power et al., Constituting The Board of Elections of the City of New York, Respondents, and Robert N. Rose et al., Appellants.

Court of Appeals of the State of New York.

Decided September 10, 1954

Attorney(s) appearing for the Case

John F. X. Browne and Godfrey P. Schmidt for appellants.

Maurice Rosenberg, Thomas A. Dent and A. Paul Goldblum for Virginia M. Dent, respondent.

LEWIS, Ch. J., DESMOND, FULD and VAN VOORHIS, JJ., concur; CONWAY, DYE and FROESSEL, JJ., dissent in memorandum and vote to reverse.

MEMORANDUM:

Appellant was not "enrolled as a member" of the Democratic party "at the time of the filing of the petition" for his designation as the Democratic nominee for Congress in the Fourth Congressional District in Queens County. Subdivision 1 of section 137 of the Election Law (known as the Wilson-Pakula Act) requires that candidates for party nominations at primary elections (with certain exceptions) be enrolled as...

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