General
In the Matter of the Application of Harry Mitchell and Ferdinando J. Parise, Appellants, for a Peremptory Mandamus Order against The Board of Elections of the City of New York and James A. Bell and Sadie Garahan, Respondents; Kings County Republican Committee, Intervener, Respondent
247 A.D. 807·New York Supreme Court, Appellate Division·1936·NY
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Opinion
In the Matter of the Application of Harry Mitchell and Ferdinando J. Parise, Appellants, for a Peremptory Mandamus Order against The Board of Elections of the City of New York and James A. Bell and Sadie Garahan, Respondents; Kings County Republican Committee, Intervener, Respondent.
[MAJORITY]
Order denying petitioners’ application for a peremptory mandamus order to direct the board of elections of the city of New York to place their names first and second, respectively, upon the ballot to be used in the Democratic primary election in the first Assembly district of Kings county as designees for members of the State committee, affirmed as a matter of law and not in the exercise of discretion. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.