Legal Opinion

Elgin v. Smith

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

Decided August 18, 2004No. Appeal No. 2PublishedCited by 9 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court, Niagara County (Vincent E. Doyle, J.), entered August 13, 2004 in a proceeding pursuant to Election Law § 16-102. The order insofar as appealed from determinated that the designating petition was valid insofar as it designated a committee to fill vacancies and directed the Niagara County Board of Elections to notify the members of that committee to fill the vacancies in certain Independence Party positions for an assembly district.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law…

2Cases cited3 opinions

  1. MATTER OF OWENS v. SharptonNew York Court of Appeals · 1978
  2. Lenihan v. BlackwellAppellate Division of the Supreme Court of the State of New York · 1994
  3. DeCicco v. Chemung County Board of ElectionsNew York Court of Appeals · 1999

3Cited by9 opinions

  1. O'Brien v. Seneca County Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 2005
  2. Becker v. ShapiroAppellate Division of the Supreme Court of the State of New York · 2013
  3. Gotten v. Greene County Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 2009
  4. Matter of Murray v. SimonAppellate Division of the Supreme Court of the State of New York · 2021
  5. Matter of Lavell v. BakerAppellate Division of the Supreme Court of the State of New York · 2017

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