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MATTER OF BATTISTA v. POWER

10 N.Y.2d 867 (1961)

In the Matter of Vito P. Battista et al., Respondents, v. James M. Power et al., Constituting the Board of Elections and County Board of Canvassers of the County and City of New York, et al., Respondents, and William H. Carver et al., Appellants.

Court of Appeals of the State of New York.

Decided October 19, 1961.

Attorney(s) appearing for the Case

Theodore D. Ostrow for appellants.

Hugo E. Rogers and Sanford Solarz for petitioners-respondents.

Concur: Chief Judge DESMOND and Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Judge FULD dissents and votes to reverse the order appealed from and to dismiss the proceedings on the ground that the objectors were necessary parties (see Matter of Kram v. Cohen, 293 N.Y. 746; Matter of Swan v. Cohen, 286 N.Y. 678).

Order affirmed, without costs. The courts had power to direct the board to receive the certificate of acceptance as corrected (Matter of Lauer v. Board of Elections, 262 N.Y. 416; Matter of Smith v. Board of Trustees of Vil. of Fort Edward, 1 N.Y.2d 690). Failure to serve the objectors within the time limited by statute (Election Law, § 330) was not jurisdictional, since there is no provision in the Election Law for the...

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