Opinion
Argued January 13, 1965
Decided January 14, 1965
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, RICHARD ARONSON, J.
Arthur A. Agan for Donald H. Mead, appellant.
Louis J. Lefkowitz, Attorney-General ( Herbert H. Smith of counsel), for John P. Lomenzo, as Secretary of State of the State of New York, and Louis J. Lefkowitz, Attorney-General, appellants.
Richard D. Kharas for petitioner-respondent.
Eli Gingold, County Attorney ( Nathan I. Share of counsel), for Board of Elections of Onondaga County, respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE and BERGAN. Judge DYE dissents and votes to modify by adding to the order of direction "the County of Onondaga" in the recanvass for the reason that the County Chairman of the Democratic party was entitled to be notified of the recanvass by the Board of Elections as required by section 274 of the Election Law. Taking no part: Judge SCILEPPI.