decided: June 12, 1969.
IN THE MATTER OF JAMES T. MOLLOY, APPELLANT,
JAMES R. LAWLEY ET AL., CONSTITUTING THE BOARD OF ELECTIONS OF ERIE COUNTY, AND BARBARA M. SIMS, RESPONDENT; IN THE MATTER OF MICHAEL F. DILLON, APPELLANT, V. JAMES R. LAWLEY ET AL., CONSTITUTING THE BOARD OF ELECTIONS OF ERIE COUNTY, AND BARBARA M. SIMS, RESPONDENT
Matter of Molloy v. Lawley,
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen.
Order reversed, without costs, and the order of Special Term reinstated in the following memorandum: Respondent Sims by the position taken upon the trial limited the issues to the single point of law raised by motion and unequivocally withdrew from the proceeding and elected not to contest the ensuing issues of fact. Consequently, there was no jurisdiction to review any question other than the point of law raised. Moreover, by her conduct respondent prevented petitioners from establishing their contentions as to the invalidity of additional signatures.
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