People Ex Rel. Goldowitz v. Karnes ( 1940 )

Order affirmed, without costs; no opinion.

Concur: Loughran, Finch, Rippey, Sears, Lewis and Conway, JJ. Lehman, Ch. J., dissents on the ground that the cases which hold that there can be no casting vote unless there be a tie are based upon statutes which specifically so provide. In this case it appears from a reading of the statute that the Mayor has a casting vote whenever his vote would be a vote that turns the scab (Cf. Oxford Dictionary).