MATTER OF COUNTS v. SMITH


1 N.Y.2d 809 (1956)

In the Matter of George S. Counts, as Chairman of the State Committee of the Liberal Party, Appellant, v. Robert W. Smith et al., as Commissioners of Election, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 29, 1956.


Attorney(s) appearing for the Case

Hyman Bravin and Max Bloom for appellant.

Joseph P. Boyle for Robert W. Smith and another, as commissioners of election, respondents.

Ralph E. Bircher for Harold Goldstein and another, respondents.

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


Order reversed and proceeding remitted to Special Term for the entry of an order granting the relief prayed for in the petition. This petition designated no one for the party position of member of the county committee. Petitioner, as a party committee chairman, had standing under subdivision 3 of section 330 of the Election Law to bring this proceeding although he had not previously filed objections with the board of elections...

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