Opinion
August 31, 1961
Appeal from an order of the Supreme Court entered August 25, 1961, in Nassau County directing appellants to file nunc pro tunc a petition designating Richard H. O'Brien as the candidate for the office of Republican Committeeman for the 64th Election District, in First Assembly District, Town of Hempstead, County of Nassau and requesting the opportunity to write in the name of said candidate. Order reversed, on the law and proceeding dismissed. In our opinion, the designating petition was not timely presented and the court was without authority under the circumstances to direct the relief granted by the order appealed from. Nolan, P.J., Beldock, Ughetta, Kleinfeld and Pette, JJ., concur.