Sredzinski v. Schmieding

Section 330, subdivision 2, of the Election Law (as amended by chapter 646 of the Laws of 1935, in effect May 1, 1935), taken in connection with the initial paragraph of section 330, provides that the question of “ the nomination of any candidate [for office] * * * in a proceeding instituted by any candidate aggrieved ” may be summarily determined by the Supreme Court in a proceeding instituted for that purpose, and that the .Supreme Court shall make such order as justice may require. The power given to the Supreme Court is plenary and the statute provides that it shall be construed…