MATTER OF WATSON, 193 N.Y. 612 (1908)

86 N.E. 1134

In the Matter of the Application of JAMES L. WATSON, Respondent, for an Order to Strike from the Enrollment Book of the Twenty-fifth Election District of the Fifteenth Assembly District of the County of New York the Name of JAMES J. GAFFNEY. THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK, Appellant.

Court of Appeals of the State of New York.Submitted October 1, 1908
Decided October 20, 1908

Francis K. Pendleton, Corporation Counsel (Theodore Connoly
and Terence Farley of counsel), for appellant.

Henry W. Mack and Charles W. Lefler for respondent.

Orders of Special Term and Appellate Division reversed and proceedings dismissed, without costs in any court, on the ground that the name of Gaffney is sought to be stricken from the enrollment of 1907, which enrollment had become

Page 613

functus officio prior to the commencement of this proceeding in February, 1908. If the petitioner meant the enrollment made in 1907 for the year 1908, he should have explicitly stated so in his moving papers; no opinion.

Concur: CULLEN, Ch. J., EDWARD T. BARTLETT, HAIGHT, VANN, WERNER, HISCOCK and CHASE, JJ.

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