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MATTER OF ROOSEVELT v. POWER

22 Misc.2d 1074 (1960)

In the Matter of Curtis Roosevelt et al., Petitioners, v. James M. Power et al., Constituting the Board of Elections of the City of New York, Respondents, and Joseph Rosenberg, Objector-Respondent.

Supreme Court, Special Term, New York County.

May 23, 1960.

Attorney(s) appearing for the Case

Shanley Egeth for petitioners.

Charles H. Tenney, Corporation Counsel (Saul Moskoff and Arthur H. Geisler of counsel), for respondents.

Nathan Dechter, Abraham J. Gellinoff, Nelson Kantor and Max D. Blossner for objector-respondent.

HENRY CLAY GREENBERG, J.

This motion is in all respects denied. It is abundantly clear that the Board of Elections has the power to correct its own errors or mistakes (cf. People ex rel. Finnegan v. McBride, 226 N.Y. 252) and the act of the Chief Clerk in correcting his own error is in the circumstances deemed to be the act of the Board of Elections. Obviously, having the authority under the Election...

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