General
In the Matter of the Application of Joseph Miraglia on His Own Behalf as a Candidate for Party Position in the American Labor Party and as an Enrolled Voter in the American Labor Party in the 15th Assembly District, Kings County, and on Behalf of Other Candidates for Party Positions and Enrolled Voters of the American Labor Party; Appellant, against S. Howard Cohen and Others, etc., Respondents
259 A.D. 744·New York Supreme Court, Appellate Division·1940·NY
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Opinion
In the Matter of the Application of Joseph Miraglia on His Own Behalf as a Candidate for Party Position in the American Labor Party and as an Enrolled Voter in the American Labor Party in the 15th Assembly District, Kings County, and on Behalf of Other Candidates for Party Positions and Enrolled Voters of the American Labor Party; Appellant, against S. Howard Cohen and Others, etc., Respondents.
[MAJORITY]
Order affirmed, without costs. No ooinion. Hagarty, Adel and Taylor, JJ., concur; Lazansky, P. J., and Close, J:, dissent and vote to reverse the order and grant the application on the ground no fraud is involved. The alterations were made before authentication and, as a result, concededly conformed Assembly and election districts to the districts in which the electors actually resided, as set forth in the nominating petitions. The mistake was palpable and under the circumstances the making of the alterations should not defeat the electors’ selections.