Legal Opinion

In re Taylor

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

Decided October 31, 1933PublishedCited by 6 opinions

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

  1. Bareham v. City of RochesterNew York Court of Appeals · 1927

3Cited by6 opinions

  1. Smith v. Board of ElectionsNew York Supreme Court · 1949
  2. Lewis v. MurrayNew York Supreme Court · 1958
  3. In re McGovernNew York Supreme Court · 1943
  4. Mirrington v. VandemarkNew York Supreme Court · 1966
  5. Counts v. SmithAppellate Division of the Supreme Court of the State of New York · 1956

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