Opinion
November 1, 1961
Appeal by the respondent Board of Elections of the County of Hamilton from an order of the Supreme Court at Special Term which denied the board's motion to dismiss the petition in a proceeding to strike certain names from the register of voters of the Town of Long Lake, upon the ground that the Inspectors of Election of said town were necessary parties and were improperly omitted from the proceeding. The motion was properly denied. The prior provision of section 331 of the Election Law requiring notice to the Board of Inspectors in a proceeding brought to cancel names from the register of voters was deleted by chapter 988 of the Laws of 1960, effective April 29, 1960. (See Report of Joint Legislative Committee to Make a Study of the Election Law and Related Statutes, N.Y. Legis. Doc., 1960, No. 30, p. 30.) Order affirmed, without costs and matter remitted to Special Term for further proceedings before Mr. Justice BEST at the courthouse in the Village of Ballston Spa, N.Y., on the 3d day of November, 1961, at 11:00 A.M. Coon, J.P., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.