Legal Opinion
Holtzman v. Power
New York Supreme Court
Decided May 20, 1970PublishedCited by 1 opinion
1Opinion of the CourtAbraham J. Gellihoff, J.
The petitioner requests the court to declare void a recently enacted amendment to subdivision 7 of section 242-a of the Election Law, and to enjoin the Board of Elections of the City of New York from implementing it. In substance, the amendment provides that, in the 1970 primary elections in New York City, the names of incumbent candidates for party position and public office shall be listed first on the ballot. Petitioner has not served a summons or complaint. No action has been commenced. “An action is commenced and jurisdiction acquired by service of a summons.” (CPLB 304).
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2Cases cited11 opinions
- Williams v. RhodesSupreme Court of the United States · 1968
- Kramer v. Union Free School District No. 15Supreme Court of the United States · 1969
- Carrington v. RashSupreme Court of the United States · 1965
- Allied Stores of Ohio, Inc. v. BowersSupreme Court of the United States · 1959
- Avery v. Midland CountySupreme Court of the United States · 1968
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3Cited by1 opinion
- Holtzman v. PowerNew York Court of Appeals · 1970