
    KIRK v. GALLAGHER.
    (Supreme Court, Appellate Division, First Department.
    November 1, 1911.)
    Appeal from Special Term, New York County. Objections by Hiram M. Kirk to the certificate of nomination of John J. Gallagher. From an order sustaining them, Gallagher appeals. Reversed, and objections overruled.
    A. G. Meyer, for appellant.
    H. M. Kirk, for respondent.
   PER CURIAM.

By the original certificate of nomination, duly executed by the officers of the convention and duly verified, James F. Holy was nominated as candidate of the Independent League for alderman in the Sixteenth aldermanie district. The original certificate of his nomination certified that L. J. O’Reilly, H. R. Limburg, and J. Hopper were duly appointed by the convention a committee for the purposes specified in section 135 of the election law (Consol. Laws 1909, e. 17). That section provides that, if a nomination is duly declined, the committee appointed on the face of such certificate of nomination, as permitted by sections 121 and 123 of the election law, may make a new nomination to fill the vacancy so created, or may supply such defect, as the case may be, by making and filing with the proper officer a certificate setting forth the cause of the vacancy, the name of the new candidate, the title of the office for which he is nominated, the name of the original candidate, the name of the political party or other nominating body which was inscribed on the original certificate, and such further information as is required to be given in an original certificate of nomination. James F. Holy declined the nomination, and filed the certificate with the board of election on October 18, 1911, as required by the election law. Whereupon two of the committee named in the original certificate of nomination nominated as a new candidate in Holy’s place, John P. Gallagher, and a new certificate to that effect was duly filed with the board of election on October 23d. We think that this certificate complies with section 135 of the election law, and that this nomination was regular. The order sustaining the objections to the certificate is therefore reversed, and the objections overruled.  