Wexler v. Power

Order affirmed. The enrollment of Puglisi having been properly cancelled under section 332 of the Election Law, the only remaining question is as to the date on which the cancellation became operative. We agree with the courts below that such date is that of the improper enrollment. (See Election Law, § 135, par. 3.) No opinion.

Concur: Lewis, Ch. J., Conway, Dye and Froessel, JJ. Desmond, Fuld and Van Voorhis, JJ., dissent and vote to reverse in the following memorandum: In Matter of Rhatigan v. Power (ante, p. 551), decided herewith, we vote to affirm, since, on the facts found below, Mr.…