Opinion
Argued September 9, 1955
Decided September 9, 1955
Appeal from the Supreme Court, Appellate Division, First Department, MARKEWICH, J.
Abraham J. Gellinoff, Robert B. Brady, Richard T. Levy and Blossom G. Saxe for Cecil E. Carter and others, appellants.
Samuel J. Silverman, William Barlow and Gabriel Perle for Tillie Miller, Edward N. Costikyan and another, appellants.
Joseph Broderick, Joseph F. Clements and Jules E. Gilbert for respondents.
Orders of the Appellate Division reversed and those of Special Term reinstated upon the ground that the designating petitions are invalid for failure to comply with the requirements of sub-division 3 of section 15 of the Election Law, section 135 of the Election Law and the Rules of the New York Democratic County Committee. No opinion.
Concur: CONWAY, Ch. J., DYE, VAN VOORHIS, BURKE and MacCRATE, JJ. DESMOND, J., dissents and votes to affirm.
Designated pursuant to section 5 of article VI of the State Constitution in the temporary absence of FULD and FROESSEL, JJ.