Mark v. Van Wart

The petitioner has been nominated as an independent candidate for the office of councilman for the 10th Ward in the City of Yonkers. The respondents have ruled that the petitioner does not qualify as a candidate for the said office, by reason of his not being 21 years of age. The respondents have assigned as the basis for their determination the provisions of section 3 of the Public Officers Law.

Petitioner seeks an order of this court directing the respondents to place his name upon the ballot for such office at the general election. While this has been cast in the form of an article 78…