Summary
In Matter of Gaberman v. Cohen (293 N.Y. 771, affg. 268 App. Div. 833) the Court of Appeals decided that the petitioner therein had a standing to maintain the proceeding, contrary to the majority view of this court.
Summary of this case from Matter of Berman v. HeffernanOpinion
Argued October 2, 1944
Decided October 17, 1944
Appeal from the Supreme Court, Appellate Division, Second Department, NOVA, J.
Leo J. Linder for appellant.
Abraham J. Multer and Harry Serper for J. Sidney Levine, respondent appearing specially.
Ignatius M. Wilkinson, Corporation Counsel ( William J. Fleming of counsel), for Board of Elections of the City of New York, respondent.
Order affirmed on the ground that the proceeding was not brought within the time limited by the statute ( Matter of King v. Cohen, 293 N.Y. 435, decided herewith). No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ.