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MATTER OF O'DONNELL v. CARTLEDGE

36 A.D.2d 751 (1971)

In the Matter of James E. O'Donnell et al., Respondents, v. Dorothy Cartledge, as Village Clerk and Commissioner of Elections of the Incorporated Village of New Hyde Park, et al., Respondents, and Albert Bernauer et al., Appellants

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

March 18, 1971

Judgment affirmed, without costs.

No opinion.

Munder and Benjamin, JJ., dissent and vote to reverse the judgment, to dismiss the petition and to grant the counterclaim, with the following memorandum:

The record in this case indicates that beginning in 1951 there functioned in the Incorporated Village of New Hyde Park a loose-knit independent political organization known as the Independent Party. This independent group filed nominating petitions each...

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