Summary
In Berman, the objector was not a candidate for the same office as the candidate objected to, was not an enrolled member of the same party, was an enrolled member of another party and did not sign any independent nominating petition for any office to be voted for at the general election.
Summary of this case from Porretta v. CostantinoOpinion
Argued October 25, 1945
Decided October 26, 1945
Appeal from the Supreme Court, Appellate Division, Second Department, STODDART, J.
Charles Pokorny, George Frankenthaler, Matthew M. Levy, Samuel C. Duberstein and Abraham Roth for appellant.
Abraham J. Multer and John P. McGrath for petitioner, respondent.
Order affirmed. Upon the conceded facts in this case petitioner had the right to file objections under section 142, and the right to bring this proceeding under section 330, of the Election Law. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and MEDALIE, JJ.