Opinion
February 5, 1952.
Appeal from Supreme Court, Broome County.
At a Republican County Committee Convention one Orlo M. Brees was nominated as the candidate of the Republican Party for the office of New York State Senator from the 45th Senatorial District, which comprises Broome County, New York, to run at a special election to be held, in accordance with the proclamation of the Governor, on February 13, 1952. Petitioner, who was a candidate for the same nomination, alleges a number of irregularities in connection with the conduct of such convention which he claims vitiates the action thereof. Supreme Court, at a Special Term for Broome County, has held that the convention was legally conducted and has denied the application of the petitioner to set the action thereof aside. The only matter presented in the record before us which we deem questionable is the issue of whether eighteen delegates, who were appointed by the chairman of the Broome County Republican Committee, were qualified to vote. In view of the result, however, it clearly appears that even assuming they were illegally appointed the petitioner was not prejudiced thereby or by their votes. Order affirmed, without costs. Foster, P.J., Heffernan, Brewster and Coon, JJ., concur; Bergan, J., taking no part.