Battista v. Power

Van Voorhis, J. (dissenting).

The view taken by the majority of this court is the same as that taken by Judge Fuld and myself in Matter of Belford v. Board of Elections (306 N. Y. 70). It was expressly overruled by the majority of the court in that decision which cannot be effectively distinguished from the present, and which has obviously been relied upon by the respondents in the circulation and obtaining of a petition signed by more than the total enrollment of the Conservative party and nearly as many as the total enrollment of the Liberal party in the City of New York. In reliance upon…