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MATTER OF DAVIS v. BD. OF ELECTIONS

5 N.Y.2d 66 (1958)

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

Court of Appeals of the State of New York.

Decided October 17, 1958.

Attorney(s) appearing for the Case

David M. Freedman for appellant.

Abraham Gellinoff, James J. Leff and Richard T. Levy for Lisle C. Carter and another, respondents.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and BURKE concur in Per Curiam opinion; Judge VAN VOORHIS dissents and votes to reverse in a separate memorandum.

Per Curiam.

On September 9, 1958 an independent nominating petition, nominating appellant Benjamin J. Davis for the office of State Senator, 21st Senatorial District, was filed in the office of the Board of Elections of the City of New York. There were 5,988 signatories to this nominating petition, and this group adopted the name of Peoples Rights Party. Subsequently, and as a result of written objections filed with...

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