In re O'Brien
Appellate Division of the Supreme Court of the State of New York
Appeal by Smith O’Brien and others from an order of the Supreme Court, entered in the clerk’s office of the county of Albany on the 21st day of October, 1912, overruling the objections filed to the independent certificate of nomination of Gilbert D. B. Hasbrouck for justice of the Supreme Court for the third judicial district of the State of New York.
1Per curiam
We concur in the opinion of Mr. Justice Chester, delivered at Special Term, and desire to add only such observations as *858seem to us pertinent to matters suggested upon the argument. We desire to say, however, that, assuming that the petition is regular in all other respects, we personally feel that it does not contain a sufficient number of signers and that the present statute requiring signers to the number of 1,500 is not unconstitutional as to nominations in a judicial district and that the 900 which have signed the petition in controversy do not constitute a sufficient number to effect a…
2Cases cited4 opinions
- People Ex Rel. Hotchkiss v. . SmithNew York Court of Appeals · 1912
- Matter of Independent NominationsNew York Court of Appeals · 1906
- In re BennetAppellate Division of the Supreme Court of the State of New York · 1906
- In re WiseAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by4 opinions
- Matter of Trosk v. CohenNew York Court of Appeals · 1933
- Trosk v. CohenNew York Supreme Court · 1933
- In re PeelAppellate Division of the Supreme Court of the State of New York · 1934
- In re RosenfeldAppellate Division of the Supreme Court of the State of New York · 1933