MATTER OF HESS v. POSTEL, DINKINS, 32 N.Y.2d 841 (1973)

346 N.Y.S.2d 269, 299 N.E.2d 681

In the Matter of FRANKLIN HESS, Appellant, v. ROBERT I. POSTEL et al., Respondents, and DAVID DINKINS et al., Constituting the Board of Elections of the City of New York et al.

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

Page 842

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HERBERT B. EVANS, J.

David Levy for appellant.

Maurice Abrahams for Robert I. Postel, respondent.

Order affirmed, without costs; no opinion.

Concur: Chief Judge FULD and Judges BURKE, GABRIELLI, JONES, WACHTLER and SODEN[*] . Judge JASEN dissents and votes to reverse upon the ground that the procedure adopted by the Board of Elections violated the applicable provisions of the Election Law.

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