Counts v. Smith

Order affirmed, without costs on the ground that the Special Term was without jurisdiction under section 330 of the Election Law by reason of the petitioner’s failure to comply with section 145 of the Election Law. (See Matter of Taylor v. Redmond, 239 App. Div. 112; Matter of Kavesh, 247 App. Div. 175; Matter of Smith v. Board of Elections, 196 Misc. 109; Matter of McGovern v. O’Brien, 180 Misc. 515.) All concur, except Williams and Bastow, JJ., who dissent and vote for reversal and granting the relief requested, in the following opinion by Bastow, J.: I dissent and vote to reverse and grant…