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MATTER OF KING v. McNAB

10 N.Y.2d 887 (1961)

In the Matter of Edwin H. King, Appellant, v. Everett McNab et al., Constituting the Board of Elections of Suffolk County, et al., Respondents. In the Matter of Louis M. Demarest et al., Respondents, v. Everett McNab et al., Constituting the Board of Elections of Suffolk County, Respondents, and Edwin H. King et al., Appellants.

Court of Appeals of the State of New York.

Decided November 2, 1961.

Attorney(s) appearing for the Case

Alexander J. Chase and John R. McNulty for appellant.

Robert W. Tasker for Louis M. Demarest and Corwin C. Grathwohl, respondents.

George W. Percy, Jr., County Attorney (Francis J. Costello of counsel), for Board of Elections, respondent.

Concur: Judges DYE, FROESSEL, BURKE and WILLIAMS. Dissent: Judges VAN VOORHIS, FOSTER and MacAFFER.

In each proceeding: Order affirmed, without costs, solely upon the ground that the petition was invalid and not upon jurisdictional grounds. No opinion.

Judges VAN VOORHIS, FOSTER and MacAFFER dissent and vote to reverse and to reinstate the order of Special Term upon the ground that in describing the office of candidate King, as Councilman, the petition described the office as it is described in the statute, in the certificate by the Town Clerk to the Board of Elections...

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