Breitenbach v. Heffernan

The Election Law (§ 330) provides:

“ The supreme court is vested with jurisdiction to summarily determine any question of law or fact arising as to * * *

“ 2. The nomination of any candidate * * * in a proceeding instituted by any candidate aggrieved * * *; and the court may direct * * * the holding of a new primary election where a * * * primary election has been characterized by such frauds or irregularities as to render impossible a determination as to who rightfully was nominated or elected, but a proceeding under this subdivision relating to a primary election must be instituted within ten…