In re Commissioner of Elections
New York Supreme Court
Summary proceeding to review the determination of the commissioner of elections of Onondaga county as to the validity and legality of certificates for the nomination of candidates for public office.
1Opinion of the CourtAndrews, J.
I make the following rulings with regard to questions arising in these proceedings.
1. I can only pass upon such evidence, affidavits and other papers as were before the commissioner of elections, or were offered and improperly rejected by him. My power is limited to a review of his action. Matter of Fairchilds, 151 N. Y. 359.
*622He is presumed to have acted, however, not only in view of the evidence taken before* him and the affidavits presented to him, but in view also of all papers duly filed in his office and of such facts as are the subject of judicial notice by the courts.
2. A number of…
2Cases cited1 opinion
- In Re Objections to the Certificate of Nomination of FairchildNew York Court of Appeals · 1897
3Cited by6 opinions
- Socialist Workers Party v. RockefellerDistrict Court, S.D. New York · 1970
- Hall v. HeffernanNew York Supreme Court · 1945
- In Re the Nomination of OrangeNew York Court of Appeals · 1936
- Jacobs v. PyleSouth Dakota Supreme Court · 1928
- People ex rel. Hotchkiss v. SmithAppellate Division of the Supreme Court of the State of New York · 1912
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