MATTER OF BASEL v. O'ROURKE, 27 N.Y.2d 655 (1970)

313 N.Y.S.2d 871, 261 N.E.2d 907

In the Matter of AMOS S. BASEL et al., Appellants, v. MAURICE J. O’ROURKE et al., Constituting the Board of Elections of the City of New York, Defendants, and ERIC D. LIPETZ et al., Respondents.

Court of Appeals of the State of New York.Argued June 15, 1970
Decided June 16, 1970

Page 656

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MYLES J. LANE, J.

Page 657

Seymour Schwartz, appellant in person and for Amos S. Basel, appellant.

Harold L. Fisher and Sidney A. Mauriber for respondents.

Order affirmed, without costs, in the following memorandum: Applying the rule in Matter of Sullivan v. Power (24 A.D.2d 709, affd. 16 N.Y.2d 854), and giving appellants credit for the signatures obtained by the subscribing witness Goldberg, there is still an insufficiency of valid signatures to sustain the petition.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.