Legal Opinion

MATTER OF DE MARTINI v. Power

New York Court of Appeals

Decided September 21, 1970PublishedCited by 19 opinions

1Opinion of the Court

Memorandum. The successful candidate for the State Democratic Committee (Female) and coleader of the 52nd Assembly District appeals by permission from an order directing a new election in a proceeding brought by the unsuccessful candidate under section 330 of the Election Law. Special Term ordered the new election, and the Appellate Division, Second Department, unanimously affirmed.

Out of the 5,250 votes cast in the primary, 136 have been invalidated and declared irregular, no fraud being involved. Despondent ’s plurality was 62 votes. A new election was ordered because “ it is not beyond…

2Cited by19 opinions

  1. Granados Navedo v. Rodríguez EstradaSupreme Court of Puerto Rico · 1990
  2. Lisa v. Board of ElectionsNew York Court of Appeals · 1976
  3. Weill v. EricksonAppellate Division of the Supreme Court of the State of New York · 1975
  4. Esteves López v. BernazardSupreme Court of Puerto Rico · 1981
  5. Lehner v. O'ROURKEDistrict Court, S.D. New York · 1971

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