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MTR. OF AHERN v. BD. OF SUPERVISORS

7 A.D.2d 538 (1959)

In the Matter of William F. Ahern, Respondent, v. Board of Supervisors of the County of Suffolk, Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 20, 1959.

Attorney(s) appearing for the Case

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

George W. Percy, Jr., for respondent.

WENZEL and HALLINAN, JJ., concur with NOLAN, P. J.; KLEINFELD, J., dissents and votes to affirm, in opinion in which UGHETTA, J., concurs.

NOLAN, P. J.

We are required to determine on this appeal whether the Special Term properly made an order "in the nature of mandamus" denying a motion by the Board of Supervisors of Suffolk County, the appellants herein, to dismiss the petition for such relief, declaring null and void a resolution of the appellants appointing one Arthur M. Weiss as a Commissioner of Elections in Suffolk County, ordering the appellants...

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