Greenwald v. Boyle
Appellate Division of the Supreme Court of the State of New York
' Appeal by the petitioner, Max Greenwald, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York denying his application for a peremptory writ of mandamus to compel the board of elections to accept the independent certificate of nomination, nominating Norbert Blank for justice of the Municipal Court, Borough of The Bronx, Second District.
1Concurrence
Scott, J. (concurring):
The Appellate Division in the Second Department has already expressed the opinion that the signatures of 3,000 nominators is necessary for the nomination of a candidate for judge of the Municipal Court in the City of New York. (Matter of Richards, 179 App. Div. 823) That opinion should be followed unless there is some controlling reason to the contrary which does not appear to have been considered in the Richards case. I find no such reason.
It is objected that the opinion referred to was merely obiter dictum, because there were other questions in the case upon which the…
2Cases cited1 opinion
- In re RichardsAppellate Division of the Supreme Court of the State of New York · 1917