In re McGovern

For the reasons stated in Matter of McGovern (Olson) (180 Misc. 508), a proceeding to review the nomination of Carl O. Olson as a candidate for the office of Supervisor, First Ward, Watervliet, N. Y., the special appearance of respondent herein is not sustained, and objections made as to the jurisdiction of the court are each overruled.

As to the merits, the facts are that at an election primary held in Watervliet, N. Y., August 10,1943, a tie vote resulted in the vote for Mayor, American Labor Party, between James F. *516Donlon and Jack O’Brien. On the 24th day of August, 1943, a certificate was…