General

In the Matter of the Application of Fred Bonacker for an Order under Article 78 of the Civil Practice Act against Thomas S. H. Clark and Others, Constituting the Common Council of the City of Rensselaer During the Year 1937, and Harvey C. Younghans, City Clerk, as Clerk of the Common Council of the City of Rensselaer; Benjamin Carson, Intervenor. Thomas S. H. Clark and Others, Appellants; Fred Bonacker, Respondent

254 A.D. 917·New York Supreme Court, Appellate Division·1938·NY

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Opinion

In the Matter of the Application of Fred Bonacker for an Order under Article 78 of the Civil Practice Act against Thomas S. H. Clark and Others, Constituting the Common Council of the City of Rensselaer During the Year 1937, and Harvey C. Younghans, City Clerk, as Clerk of the Common Council of the City of Rensselaer; Benjamin Carson, Intervenor. Thomas S. H. Clark and Others, Appellants; Fred Bonacker, Respondent. [MAJORITY] Motion for leave to appeal to the Court of Appeals denied. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.