Elwood v. Jackson

*298OPINION OF THE COURT

Herbert A. Posner, J.

As a general rule, Judges nisi prius do not write decisions hoping to be reversed. This case is the exception to the rule.

Petitioner, Harvey Elwood, seeks in this proceeding to invalidate the designating petition of respondent, Stephen C. Jackson, filed with the Board of Elections of the City of New York designating the respondent as a Democratic candidate for Assemblyman in the 33rd Assembly District of Queens County in the primary election to be held on September 13, 1994.

Mr. Jackson’s petition was first challenged at the Board of Elections. The…