MATTER OF GALLAGHER v. DINKINS, 32 N.Y.2d 839 (1973)

346 N.Y.S.2d 268, 299 N.E.2d 681

In the Matter of JOHN T. GALLAGHER, Appellant, v. DAVID N. DINKINS et al., Constituting the Board of Elections of the City of New York, and JACK R. MURATORI et al., Respondents.

Court of Appeals of the State of New York.Argued May 23, 1973
Decided May 23, 1973

Page 840

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES J. CRISONA, J.

Page 841

Eugene J. McMahon for appellant.

Robert John Hall for Jack R. Muratori, respondent.

Order affirmed, without costs; no opinion.

Concur: Chief Judge FULD and Judges BURKE, GABRIELLI, JONES, WACHTLER and SODEN[*] .

[*] Designated pursuant to section 2 of article VI of the State Constitution in place of BREITEL, J.

Judge JASEN concurs in the following memorandum:

I agree to affirm upon the sole ground that respondent was in fact a resident of the address set forth in the designating petitions.