Schick v. Kane

This is an article 78 proceeding in the nature of prohibition to enjoin a Justice of the Supreme Court from hearing a case brought on by the respondent pursuant to subdivision 4 of section 330 of the Election Law.

The issue is whether the procedure adopted by a Justice of the Supreme Court resulted in loss of jurisdiction of the proceedings.

The petitioner Schick and the respondent McCardle were candidates for the position of Democratic State committeemen in the 99th Assembly District in this year’s primary. Within the time specified by subdivision 4 of section 330 of the Election Law McCardle,…