Legal Opinion

DeSapio v. Koch

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

Decided March 19, 1964PublishedCited by 2 opinions

1Opinion of the CourtBotein, P. J.

In the 1963 Democratic primary election for male leader of the First Assembly District, Part A, New York County, the rival candidates were appellant DeSapio and respondent Koch. The official canvass recorded the election of Koch by 41 votes out of a total of more than 9,000 cast. DeSapio has brought this proceeding under subdivision 2 of section 330 of the Election Law, seeking an order directing the holding of a new primary election for the party position involved. After extended and comprehensive hearings, Special Term dismissed DeSapio’s petition.

A new type of voting machine was used for…

2Cases cited6 opinions

  1. Weisberger v. CohenAppellate Division of the Supreme Court of the State of New York · 1940
  2. Bloom v. PowerNew York Supreme Court · 1959
  3. Moritt v. CohenAppellate Division of the Supreme Court of the State of New York · 1938
  4. Badillo v. SantangeloAppellate Division of the Supreme Court of the State of New York · 1962
  5. In re FriedmanAppellate Division of the Supreme Court of the State of New York · 1933

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3Cited by2 opinions

  1. Garson v. MichaelsAppellate Division of the Supreme Court of the State of New York · 1991
  2. Vacco v. SpitzerNew York Supreme Court · 1998

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