Legal Opinion
Foley v. McNab
New York Supreme Court
Decided February 19, 1964PublishedCited by 4 opinions
1Opinion of the CourtFred J. Munder, J.
There is no factual dispute in this matter. In the town election in Brookhaven Town in November, 1963 three Councilmen were to be elected. There were six candidates of whom the three receiving the highest number of votes would be elected. The respondent Francis C. Giaccone received the third highest number of votes, a fact certified by the Board of Elections. However, it is claimed that Mr. Giaccone, not being an owner of record of real property, was ineligible. (Town Law, § 23.) The petitioner John J. Foley, seeking re-election, received the fourth highest number of votes.
On December 31,…
2Cases cited6 opinions
- The People Ex Rel. Furman v. . CluteNew York Court of Appeals · 1872
- Mapes v. SwezeyAppellate Division of the Supreme Court of the State of New York · 1951
- Mazzotti v. SwezeyNew York Supreme Court · 1951
- People ex rel. Stalter v. LynchAppellate Division of the Supreme Court of the State of New York · 1926
- People Ex Rel. Stalter v. LynchNew York Court of Appeals · 1927
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3Cited by4 opinions
- Fidelity & Deposit Co. of Maryland v. Chemical Bank New York Trust Co.Civil Court of the City of New York · 1970
- Moses v. KochNew York Supreme Court · 1978
- Opn. No., New York Attorney General Reports1999
- State ex rel. Wyrick v. WrightTennessee Supreme Court · 1984