General

In the Matter of the Application of Edward J. O'Connell, as Chairman of the Democratic General Committee of the County of Albany, Appellant, for a Summary Order to Be Issued against Felix Corscadden and Others, as and Constituting the Board of Elections of the County of Albany, Respondents. Edward Easton, as Chairman of the Republican County Committee of the County of Albany; John Boyd Thacher, 2nd; The City of Albany, and John F. Donovan, as City Clerk of the City of Albany, Intervenors, Respondents

217 A.D. 709·New York Supreme Court, Appellate Division·1926·NY

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Opinion

In the Matter of the Application of Edward J. O’Connell, as Chairman of the Democratic General Committee of the County of Albany, Appellant, for a Summary Order to Be Issued against Felix Corscadden and Others, as and Constituting the Board of Elections of the County of Albany, Respondents. Edward Easton, as Chairman of the Republican County Committee of the County of Albany; John Boyd Thacher, 2nd; The City of Albany, and John F. Donovan, as City Clerk of the City of Albany, Intervenors, Respondents. [MAJORITY] Order unanimously affirmed as a matter of law and not in the exercise of discretion. Leave to appeal to the Court of Appeals granted.