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MATTER OF MACY v. CLAYTON

277 A.D. 1131 (1950)

In the Matter of W. Kingsland Macy, an Aggrieved Candidate for Member of Congress of the Republican Party of the First Congressional District, Appellant, v. William H. Clayton et al., Constituting The Board of Elections and County Board of Canvassers of the County of Suffolk, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 11, 1950.

Motion for leave to appeal to the Court of Appeals and for a stay denied.

Petitioner invokes the power of the court with particular reference to subdivisions 4 and 5 of section 330. There are two phases. One concerns absentee ballots, etc., and relates to the power of the court under subdivision 4. Upon a proper showing and if there had been no prior opportunity to examine these ballots or no prior canvass, the court would have jurisdiction to grant this relief in...

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