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MATTER OF DE LUCA v. WEISS

13 N.Y.2d 907 (1963)

In the Matter of Frank P. De Luca et al., Appellants, v. Arthur M. Weiss et al., as Commissioners of Elections of the County of Suffolk, and Louis H. Buck et al., Respondents.

Court of Appeals of the State of New York.

Decided October 10, 1963.

Attorney(s) appearing for the Case

Frank P. De Luca, in person, and Vincent J. Cuti for Frank P. De Luca and others, appellants.

Warren Liburt for Louis H. Buck and others, respondents.

Concur: Chief Judge DESMOND and Judges DYE, FULD and FOSTER. Dissent: Judges VAN VOORHIS, BURKE and SCILEPPI.

Order affirmed, without costs. The order of offices on the voting machines as proposed is not in violation of section 105 of the Election Law. It is unnecessary for present purposes to decide whether the office of District Court Judge is a town office.

Judges VAN VOORHIS, BURKE and SCILEPPI dissent and vote to reverse and to grant the relief contained in the prayer of the petition upon the ground that the action of the Board of Elections was erroneous and arbitrary...

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