In re the Application for an Order to Strike from the Enrollment Book of the Sixteenth Election District
Appellate Division of the Supreme Court of the State of New York
Appeal by the applicant, Dominick Dalessandro, from an , order of the Supreme Court, made at the New York Special Term and entered, in the office of the clerk of the county of Hew York on the 23d day of Hovember, 1906, denying the appellant’s application to strike the name of James O’Brien from the enrollment book of the sixteenth election district of the first Assembly district in the county of Hew York.
1Opinion of the Court
Laughlin, J. :
In this case the affidavit which asserts the facts positively shows that the elector whose name it is sought to strike from the enrollment book, enrolled from Ho. 9 Mulberry street, and that the affiant resides at that number, but it does not show whether it is a private house or boarding house or a tenement, or whether the affiant is the janitor, lessee or proprietor, or that he is in a position to know the facts. We are of opinion that the rule laid down in the opinion in Matter of Titus (117 App. Div. 621), argued and decided herewith, should be applied here, and that the…
2Cited by3 opinions
- Board of Elections v. KeleherAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Application for an Order to Strike from the Enrollment Book of the Twentieth Election DistrictAppellate Division of the Supreme Court of the State of New York · 1907
- In re the Application for an Order to Strike from the Enrollment Book of the Twenty-seventh Election DistrictAppellate Division of the Supreme Court of the State of New York · 1907