Garfinkel v. Power

Petitioners seek to annul the designations of ths four respondents, Sidney Moses, Bernat Klein, Lea Mermelstein, and Paula B. Berger to he substituted candidates for the party position of member of the Democratic County Committee, Sixth Assembly District, New York County. It is claimed that respondents fall within the inhibition set forth in Matter of Nestler v. Cohen (242 App. Div. 726): “ The Election Law plainly contemplates that the candidate designated to fill a vacancy shall be a person other than the person originally named.”

Originally, and prior to August 12,1955, each respondent had…