MATTER OF DAVIS v. BD. OF ELECTIONS OF THE CITY OF N.Y.


14 Misc.2d 494 (1958)

In the Matter of Benjamin J. Davis, Petitioner, v. Board of Elections of the City of New York et al., Respondents.

Supreme Court, Special Term, New York County.

September 30, 1958.


Attorney(s) appearing for the Case

Freedman & Unger (David M. Freedman of counsel), for petitioner.

Abraham J. Gellinoff for objectors-respondents.

Charles H. Tenney for Board of Elections, respondent.


HENRY EPSTEIN, J.

Petition to direct the Board of Elections of New York City to place name of petitioner on the ballot as a candidate for State Senator, 21st Senatorial District, at the general election on November 4, 1958, is denied.

(1) The fact that only three of the four members constituting the Board of Elections acted to invalidate the petition does not violate the law. The fourth member of the...

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