Matter of Brennan v. Power

Full title: In the Matter of WILLIAM BRENNAN, Appellant, against JAMES M. POWER et…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 7, 1954

284 App. Div. 847 (N.Y. App. Div. 1954)

Opinion

September 7, 1954.

Order affirmed, without costs. No opinion. Nolan, P.J., MacCrate and Schmidt, JJ., concur.

Murphy, J., dissents and votes to reverse the order and to grant the motion, with the following memorandum:

It is admitted that one of the three members of the designated committee on vacancies is not an enrolled voter of the same party as the candidate (Election Law, § 135). As the designating petition fails to comply with a mandatory statutory requirement, the motion should have been granted.