Matter of Bergner v. Meisser Westervelt

Full title: In the Matter of WALTER BERGNER, Appellant, v. WILLIAM D. MEISSER et al.…

Court: Court of Appeals of the State of New York

Date published: Sep 2, 1961

177 N.E.2d 445 (N.Y. 1961)

177 N.E.2d 445

220 N.Y.S.2d 225

Opinion

Argued September 2, 1961

Decided September 2, 1961

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, MARIO PITTONI, J.

Walter Bergner, appellant in person.

J. Oakey McKnight, County Attorney ( Harold E. Collins of counsel), for Commissioners of Board of Elections, respondents.

In each proceeding: Order reversed, without costs, upon the authority of Matter of Mahoney v. Lawley ( 301 N.Y. 425), and matter remitted to Special Term for a trial of the issues. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, BERGAN^_, BOOKSTEIN^fn_ and BEST^fn_.

_ Designated pursuant to section 5 of article VI of the State Constitution in the temporary absence of Judges FULD, FROESSEL and FOSTER.