MATTER OF HOLWELL v. MEISSER


28 A.D.2d 1003 (1967)

In the Matter of James F. Holwell, Appellant, v. William D. Meisser et al., Constituting The Board of Elections of the County of Nassau, Respondents

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

October 23, 1967


Judgment reversed, on the law, without costs, and matter remitted to Special Term for further proceedings not inconsistent herewith.

No questions of fact were considered on this appeal. Petitioner attacks the constitutionality of subdivision 5 of section 376 of the Election Law on the sole ground that the application of the definition of the term "party", contained in subdivision 4 of section 2 of the Election Law, to the use of that term in the said section 376 constitutes...

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