General
In the Matter of the Application of William H. Jackson for an Order Directing the Board, of Elections of the City of New York to Place the Name of William H. Jackson as Candidate for the Public Office of Borough President of the Borough of Richmond, City of New York, upon the Official Republican Primary Ballot, to Be Voted for in the Republican Primary, to Be Held in the County of Richmond on the 16th Day of September, 1937, and for a Further Order Restraining the Board of Elections of the City of New York from Omitting the Name of William H. Jackson from Said Official Republican Primary Ballot and Enjoining and Restraining the Said Board of Elections from Printing Said Official Republican Primary Ballot Affecting the Borough and County of Richmond Until Final Hearing and Determination of This Application, and for Such Other Relief as May Be Proper in the Premises. William H. Jackson, Appellant; Board of Elections of the City of New York and Edward A. Ruppell, Respondents
252 A.D. 701·New York Supreme Court, Appellate Division·1937·NY
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Opinion
Second Department,
September, 1937.
(September 3, 1937.)
In the Matter of the Application of William H. Jackson for an Order Directing the Board, of Elections of the City of New York to Place the Name of William H. Jackson as Candidate for the Public Office of Borough President of the Borough of Richmond, City of New York, upon the Official Republican Primary Ballot, to Be Voted for in the Republican Primary, to Be Held in the County of Richmond on the 16th Day of September, 1937, and for a Further Order Restraining the Board of Elections of the City of New York from Omitting the Name of William H. Jackson from Said Official Republican Primary Ballot and Enjoining and Restraining the Said Board of Elections from Printing Said Official Republican Primary Ballot Affecting the Borough and County of Richmond Until Final Hearing and Determination of This Application, and for Such Other Relief as May Be Proper in the Premises. William H. Jackson, Appellant; Board of Elections of the City of New York and Edward A. Ruppell, Respondents.
[MAJORITY]
The parties having agreed in open court that this appeal may be decided by a court of four justices, the decision is as follows: Order denying the petitioner’s application affirmed, without costs, as a matter of law and not in the exercise of .discretion. There was no substantial compliance with the statute. (Matter of Dorsey v. Cohen, 268 N. Y. 620.) Hagarty, Johnston, Adel and Taylor, JJ., concur.