General
In the Matter of the Application of Neil M. Lieblich, Petitioner, Respondent, for an Order Restraining S. Howard Cohen, as President of the Board of Elections in the City of New York, and Jacob A. Livingston and Others, Constituting the Board of Elections in the City of New York, Respondents, from Placing upon the Voting Machines to Be Used at the General Election on the 4th Day of November, 1941, in and for the Borough of Brooklyn and the County of Kings in the City of New York the Names of Matthew J. Troy, as Candidate for Borough President for the Borough of Brooklyn; William Stanley Miller, as Candidate for Surrogate of the County of Kings; Abner C. Surpless, Jacob A. Freedman and Benjamin Brenner, as Candidates for Judge of the County Court of the County of Kings; Robert J. Crews, as Candidate for Sheriff of the County of Kings, and Carmine A. Ventiera, as Candidate for Register of the County of Kings, under the Name or Designation United City Party, or with the Emblem of a Bridge. Matthew J. Troy and Others, Appellants
262 A.D. 1047·New York Supreme Court, Appellate Division·1941·NY
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Opinion
In the Matter of the Application of Neil M. Lieblich, Petitioner, Respondent, for an Order Restraining S. Howard Cohen, as President of the Board of Elections in the City of New York, and Jacob A. Livingston and Others, Constituting the Board of Elections in the City of New York, Respondents, from Placing upon the Voting Machines to Be Used at the General Election on the 4th Day of November, 1941, in and for the Borough of Brooklyn and the County of Kings in the City of New York the Names of Matthew J. Troy, as Candidate for Borough President for the Borough of Brooklyn; William Stanley Miller, as Candidate for Surrogate of the County of Kings; Abner C. Surpless, Jacob A. Freedman and Benjamin Brenner, as Candidates for Judge of the County Court of the County of Kings; Robert J. Crews, as Candidate for Sheriff of the County of Kings, and Carmine A. Ventiera, as Candidate for Register of the County of Kings, under the Name or Designation United City Party, or with the Emblem of a Bridge. Matthew J. Troy and Others, Appellants.
[MAJORITY]
Order affirmed, without costs. No opinion. Hagarty, Carswell, Adel and Taylor, JJ., concur; Close, J., dissents and votes to reverse on the authority of Matter of Garside v. Cohen (265 N. Y. 606).