MATTER OF AHERN v. BD. OF SUPERVISORS


6 N.Y.2d 376 (1959)

In the Matter of William F. Ahern, Appellant, v. Board of Supervisors of the County of Suffolk, New York, Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1959.


Attorney(s) appearing for the Case

George W. Percy, Jr., for appellant.

Pierson R. Hildreth, County Attorney (Pierre G. Lundberg and Edward Le Vanda of counsel), for respondent.

Monroe Goldwater and Robert Conrad for Democratic State Committee of the State of New York, amicus curiæ.

Henry M. Zaleski and Reginald C. Smith for William J. Leonard, Supervisor of the Town of Riverhead, amicus curiæ.

Judges DYE, FULD and VAN VOORHIS concur with Judge DESMOND; Judge FROESSEL dissents in an opinion in which Chief Judge CONWAY and Judge BURKE concur.


DESMOND, J.

Petitioner, alleging that he "is a resident, taxpayer and voter in the County of Suffolk, State of New York, and an enrolled member in the Democratic Party", brought this mandamus-type (Civ. Prac. Act, art. 78) proceeding against the Board of Supervisors of Suffolk County for an order to direct the board to revoke the appointment of Arthur M. Weiss as a Commissioner of Elections for the county. He...

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