
    The People of the State of New York ex rel. Louis J. Chesner, Respondent, v. J. Edward Maloney, Appellant.
    (Submitted April 26, 1917;
    decided May 15, 1917.)
    
      People ex rel. Chesner v. Maloney, 175 App. Div. 914, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 24, 1916, affirming a judgment in favor of plaintiff entered upon a verdict in an action in the nature of quo warranta to" determine title to the office of commissioner of elections for the county of Cattaraugus. Prior to 1914 the relator had for two years held the office of commissioner of elections and in that year was redesignated by the chairman of the Democratic county committee to continue in office. The hoard of supervisors, however, ignoring the designation, appointed the defendant to succeed the relator. The relator claimed that the appointment was illegal and that he held over.
    
      John J. Inman and W. K. Harrison for appellant.
    
      Egburt E. Woodbury, Attorney-General (Patricio S. Collins of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Chase, Cardozo, Crane and Andrews, JJ. Dissenting: Hiscock, Oh. J., Hogan and McLaughlin, JJ. •  