In re Gardiner
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, John J. Gardiner, 'as Deputy State Superintendent of Elections, from "an order of the County Court of Ulster county, entered in the office of the clerk of said county on the 26th day of November, 1917, dismissing his petition herein.
1Opinion of the Court
Cochrane, J.:
The respondents, thirty-six in number, are occupants of Mount St. Alphonsus, an institution in the town of Esopus, Ulster county, N. Y. The question involves their right to vote in that town. They all registered as theological students. If then presence in the institution is merely because they are students, then 'clearly that fact standing by itself gives them no right to vote in Esopus, under article 2, section 3, of the State Constitution which provides as follows: “ For *492the purpose of voting, no person shall be deemed to have gained or lost a residence * * * while a student…
2Cases cited4 opinions
- Matter of GoodmanNew York Court of Appeals · 1895
- Matter of GarveyNew York Court of Appeals · 1895
- Matter of BarryNew York Court of Appeals · 1900
- In re GardinerNew York Supreme Court · 1917
3Cited by1 opinion
- Matter of BlankfordNew York Court of Appeals · 1925