MATTER OF McCURN, N.Y. App. Div., Judgment, Law, casemine.com

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In the Matter of the Application of FRANCIS D. McCURN, as Democratic Candidate for Mayor, and Others, on Behalf of Themselves and Other Candidates Named in Each of Said Designating Petitions Referred to Herein, Respondents, to Direct the Board of Elections in and for the County of Onondaga, New York, to Recognize the Aforesaid Candidates for the Respective Offices Hereinabove Referred to and to Place and Print Their Names upon the Official Ballots as Candidates of the Democratic Party to Be Voted on at the Primary Election to Be Held in the City of Syracuse, New York, on the 17th Day of September, 1935, and for Further Relief. (Proceeding No. 1.) In the Matter of the Application of JOHN J. MAHON, Appellant, for a Determination of the Court as to the Designation of FRANCIS D. McCURN, as Candidate for Nomination for Public Office of Mayor of the City of Syracuse, New York, at the Democratic Primary Election. (Proceeding No. 2.)

Order reversed on the law, except in so far as it consolidates the two proceedings, without costs, and petitioners' motion in proceeding No. 1 denied, without costs, and petitioner's motion in proceeding No. 2 granted, without costs. Memorandum: The petition filed with the commissioners of election on the 10th of August, 1935, was invalid in failing to comply with the provisions of section 135 of the Election Law as amended by chapter 955 of the Laws of 1935. ( Matter of Dorsey v. Cohen, 268 N.Y. 620, decision of September 9, 1935.) We are of the opinion that sufficient showing has not been made to justify the court in permitting the filing at this time of correcting affidavits nunc pro tunc. All concur.

MATTER OF McCURN

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