In re O'Brien
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Application by Dominick Dalessandro, for, an order 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 New York. From an order denying the application, applicant appeals. Affirmed.
1Opinion of the CourtLaughlin, J.
In this case the affidavit, which asserts the facts positively,.shows that the ¿lector, whose name-it is sought to strike from the enrollment book, enrolled from No. 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 the Matter of the Application, etc., of Bernard Giles (argued and decided herewith) 102 N. Y. Supp. 851, should be…
2Cases cited1 opinion
- 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
3Cited by3 opinions
- Board of Elections v. KeleherAppellate Division of the Supreme Court of the State of New York · 1908
- In re McGuireAppellate Division of the Supreme Court of the State of New York · 1907
- In re TitusAppellate Division of the Supreme Court of the State of New York · 1907