In re Taylor
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtThompson, J.
There is a failure in the petition to allege that the citizen elector bringing this proceeding had filed the objection required by section 142 of the Election Law. This is a jurisdictional prerequisite to the right of petitioner to institute this proceeding. (Election Law, § 330, subd. 2.) We are constrained, therefore, to dismiss it.
Matters relating to the construction of the special statute providing for non-partisan primaries and elections in the city of *113Watertown have been elaborately argued, and despite the lack of jurisdiction, we have decided to state our views in respect to the…
2Cases cited1 opinion
- Bareham v. City of RochesterNew York Court of Appeals · 1927
3Cited by6 opinions
- Smith v. Board of ElectionsNew York Supreme Court · 1949
- Lewis v. MurrayNew York Supreme Court · 1958
- In re McGovernNew York Supreme Court · 1943
- Mirrington v. VandemarkNew York Supreme Court · 1966
- Counts v. SmithAppellate Division of the Supreme Court of the State of New York · 1956
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