Bergner v. Meisser

Beldoek and Ughetta, JJ., concur; Nolan, P. J., concurs with the following memorandum: I am constrained to concur in this determination by reason of the position of this court in Matter of Budin v. Kornfeld (9 A D 2d 626) although I adhere to the views which I expressed in my dissent on that appeal. Kleinfeld and Pette, JJ., dissent and vote to reverse the order and to remit the proceeding to the Special Term for hearing and determination of the issues arising thereon with the following memorandum: In our opinion, the petitioner, a resident and an enrolled Democrat of the 32nd Election…