General
In the Matter of the Application of Fred G. Moritt, Appellant, against S. Howard Cohen and Others, Constituting the Board of Elections of the City of New York, and the County Board of Canvassers of the County of Kings, etc., and Lloyd I. Herzka, Respondents
255 A.D. 787·New York Supreme Court, Appellate Division·1938·NY
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Opinion
In the Matter of the Application of Fred G. Moritt, Appellant, against S. Howard Cohen and Others, Constituting the Board of Elections of the City of New York, and the County Board of Canvassers of the County of Kings, etc., and Lloyd I. Herzka, Respondents.
[MAJORITY]
Order denying motion for a judicial recanvass, review and recount of all the ballots cast at the primary election for the office of Member of Assembly from the seventeenth Assembly district, Kings county, reversed on the law and the facts, and motion granted, on authority of Matter of Kelly v. Cohen (ante, p. 787), decided herewith, for reasons there stated. Honorable Isaac M. Kapper, official referee, is designated to conduct the recount. Lazansky, P. J., Carswell, Davis, Adel and Close, JJ., concur. Settle order forthwith before Mr. Justice Carswell. [See post, p. 804.]