MATTER OF SCHWIMMER v. POWER


21 A.D.2d 835 (1964)

In the Matter of Chester Schwimmer, Respondent, v. James M. Power et al., Constituting The Board of Elections of the City of New York, Respondents, and Vincent L. Leibell, Jr., Appellant

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

June 30, 1964


Judgment reversed on the law, without costs, and petition dismissed.

No questions of fact were considered. Three voters, Broderick, Maher and Castel, who had been enrolled members of the Republican party, changed the party of their enrollment or affiliation on January 21, 1964, on March 31, 1964 and on April 18, 1964, respectively — before primary day, June 2, 1964. Despite such change, each of them voted in the primary election for candidates of the Republican...

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