MATTER OF COONS v. MEISSER


26 A.D.2d 785 (1966)

In the Matter of Richard T. Coons et al., Individually and as Representatives of The Nassau County Committee of the Conservative Party, Appellants, v. William D. Meisser et al., as Commissioners of The Nassau County Board of Elections, and Thomas M. Brennan, Respondents

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

September 1, 1966


Order reversed on the law and the facts, without costs, and petition granted.

Findings of fact other than the finding that Brennan's acceptance was not genuine are affirmed. Subdivision 1 of section 139 of the Election Law provides for formal written declination of a designation by a person who is an enrolled party member of the designating organization; he need not file a consent. However, a person not an enrolled party member of the designating organization, by...

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