Ahern v. Board of Supervisors

Kleinfeld, J. (dissenting).

It is settled that a Board of Supervisors cannot appoint as Commissioner of Elections a person not nominated by the county chairman of the appropriate political party (Election Law, §§ 30, 52; Matter of Kane v. Gaynor, 144 App. Div. 196, affd. 202 N. Y. 615 on concurring opinion of Burr, J.; People ex rel. Woods v. Flynn, 81 Misc. 279; Matter of Haynes v. McGrath, 16 Misc 2d 76, 79). Hence, the appointment of Mr. Weiss was illegal.

The facts in this proceeding are undisputed, and only a question of law is presented; moreover, as above noted, the question of law is…