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MATTER OF MILLER v. POWER

286 A.D. 957 (1955)

In the Matter of Tillie Miller, Respondent, v. James M. Power et al., Constituting The Board of Elections of the City of New York, et al., Appellants In the Matter of Edward N. Costikyan, Respondent, v. James M. Power et al., Constituting The Board of Elections of the City of New York, et al., Appellants

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

September 8, 1955.

We recognize that the better and more precise practice would be that required by the orders appealed from. But testing the petitions for legal sufficiency we believe that they are in substantial compliance with the Election Law and the rules of the County Committee. We apprehend no danger of confusion or fraud in allowing the petitions to stand. Orders reversed, the motions denied and the petitions dismissed.

Cohn and Botein, JJ., dissent and vote to affirm for the...

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