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MATTER MILTON E. JACOBOWITZ v. JAMES M. POWER ET AL. (09/12/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


September 12, 1968

IN THE MATTER OF MILTON E. JACOBOWITZ, RESPONDENT,
v.
JAMES M. POWER ET AL., CONSTITUTING THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK, ET AL., RESPONDENTS, AND SEYMOUR SHELDON, APPELLANT. IN THE MATTER OF ROBERT M. WEITZ, RESPONDENT, V. JAMES M. POWER ET AL., CONSTITUTING THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK ET AL., RESPONDENTS, AND SEYMOUR SHELDON, APPELLANT, IN THE MATTER OF HELEN J. LEONESCU, RESPONDENT, V. JAMES M. POWER ET AL., CONSTITUTING THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK, ET AL., RESPONDENTS, AND JEAN LARKIN, APPELLANT

In proceedings under section 330 of the Election Law to declare null and void the primary election held June 18, 1968 for the offices of Democratic party Assembly District Leaders, Male and Female, Nineteenth Assembly District, Part B, Queens County, and to direct the Board of Elections to cause new elections to be held, respondents Sheldon and Larkin appeal from three orders of the Supreme Court, Queens County, dated respectively August 14, 1968, August 19, 1968 and August 20, 1968, which, inter alia, granted the petitions and directed a special election to be held September 17, 1968. Orders modified to provide that the special election be held October 9, 1968; and as so modified, the orders are affirmed, without costs. Respondent Sheldon also appeals from an order of said court, dated August 21, 1968, which denied his motion to amend the decision incorporating the findings of fact and conclusions of law, dated August 13, 1968. Order affirmed, without costs.

Beldock, P. J., Christ, Brennan, Munder and Martuscello, JJ., concur.

No opinion. Leave to appeal too the Court of Appeals is granted.

19680912

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