Opinion
September 28, 1911.
Terence Farley and Abram I. Elkus, for the appellants board of elections, etc.
D-Cady Herrick, for the Democratic State committee.
A.S. Gilbert, for the petitioner.
This appeal was argued with the case of Matter of Hopper v. Britt ( 146 App. Div. 363) and presents the same question presented on that appeal. For the reasons stated in the opinion in that case the order appealed from must be reversed, with ten dollars costs and disbursements, and the application denied, with fifty dollars costs.
McLAUGHLIN, MILLER and DOWLING, JJ., concurred; CLARKE, J., dissented.
Order reversed, with ten dollars costs and disbursements, and motion denied, with fifty dollars costs, as matter of law and not in the exercise of discretion.