In re Friedman

Davis, J. (dissenting).

I agree that the court at Special Term did not follow the instructions given in remitting this matter for a hearing. The proceedings on the recount and in respect to the ordering of a new primary election were entirely irregular and no definite result was obtained. We said on the former appeal (238 App. Div. 341, 344): “ We are convinced by the proof offered that there is great doubt of a free choice by a free electorate of the candidates for party position and of an honest count such as our scheme of representative government contemplates.” The record on that appeal…