General
In the Matter of the Application of Joseph Dermody, Individually, and as Chairman of the Kings County Committee of the American Labor Party and Chairman of the Executive Committee of the Kings County Committee of the American Labor Party, and Daniel Allen, Individually and as American Labor Party Designee for the Office of Member of the City Council, Appellants, against S. Howard Cohen and Others, as Commissioners of Elections for the City of New York, Constituting the Board of Elections of the City of New York, and Louis J. Hollander, John Gelo, Louis P. Goldberg, Andrew Armstrong and Salvatore DeMatteo, Respondents
262 A.D. 1041·New York Supreme Court, Appellate Division·1941·NY
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Opinion
(October 23, 1941.)
In the Matter of the Application of Joseph Dermody, Individually, and as Chairman of the Kings County Committee of the American Labor Party and Chairman of the Executive Committee of the Kings County Committee of the American Labor Party, and Daniel Allen, Individually and as American Labor Party Designee for the Office of Member of the City Council, Appellants, against S. Howard Cohen and Others, as Commissioners of Elections for the City of New York, Constituting the Board of Elections of the City of New York, and Louis J. Hollander, John Gelo, Louis P. Goldberg, Andrew Armstrong and Salvatore DeMatteo, Respondents.
[MAJORITY]
Order affirmed, without costs, in the exercise of discretion. Hagarty, Carswell and Taylor, JJ., concur; Adel and Close, JJ., dissent and vote to modify the order so as to provide for the appointment of a supervisor with the usual powers, and as so modified, to affirm. Motion for leave to appeal to the Court of Appeals granted. Present — Hagarty, Cars-well, Adel, Taylor and Close, JJ.