131 N.Y.S. 877 | N.Y. App. Div. | 1911
The appellants, who constitute the board of elections of the city of New York, appeal from an order of the County Court of Kings
There is no provision in the Election Law which, in any way authorizes any change of enrollment actually made by the elector in the city, of New York and certain other counties. Such provision, however, is made in article 4 of the Election Law in relation to enrollment in various towns of the State, as will be seen by reference to section 94 of said act. From the fact that such provision is made in relation to the correction of enrollment in certain towns in an article of the statute which expressly excepts any county embraced in the Greater New York, a strong implication arises that it was not the intention of the Legislature that enrollment once made on the act of an elector could subsequently be changed by the courts or the election officers within' the territory expressly excepted from the provisions of said article.
Jenks, P. J., Hirschberg, Thomas, Carr and Rich, JJ., concurred.
Order of the County Court reversed and motion for a writ of peremptory mandamus denied, without costs.