Lynch v. Britt

Appellate Division of the Supreme Court of the State of New York

Decided August 26, 1914

Appellate Division of the Supreme Court of the State of New York · decided 1914-08-26

Appeal by the defendants, J. Gabriel Britt and others, from an order of the Supreme Court made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of August, 1914, granting relators’ motion for a peremptory writ of mandamus requiring those of them who are custodians of the primary records and commissioners of elections of the city of New York and the city clerk of said city to refrain from taking any proceedings for…

Decided 1914-08-26

Ingraham, P. J. (dissenting):

¶1Upon no theory in this case is there a vacancy in the office of justice of the City Court to be filled at the general election in 1914.

¶2 *698The order appealed from should, therefore, be affirmed, with ten dollars costs and disbursements.

¶3McLaughlin, J., concurred.

¶4Ordered reversed, with ten dollars costs and disbursements, . and motion denied, with ten dollars costs.