General
In the Matter of the Application of Hubert J. McLaughlin, Appellant, for the Determination of the Court as to the Election of Elizabeth Daly, Respondent, for Party Office in the First Election District of the Fifth Assembly District of Queens County
242 A.D. 786·New York Supreme Court, Appellate Division·1934·NY
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Opinion
In the Matter of the Application of Hubert J. McLaughlin, Appellant, for the Determination of the Court as to the Election of Elizabeth Daly, Respondent, for Party Office in the First Election District of the Fifth Assembly District of Queens County.
[MAJORITY]
Order denying motion to declare void ballots east for party committeeman on the ground that the person elected was not a member of the Assembly district affirmed, without costs, respondent having neither appeared nor filed a brief. The proper remedy is quo warranto. (Matter of Hines, 141 App. Div. 569, 574.) Lazansky, P. J., Kapper, Hagarty, Carswell and Davis, JJ., concur.