Legal Opinion

O'Brien v. Commissioner of Education

New York Court of Appeals

Decided March 27, 1958PublishedCited by 11 opinions

1Opinion of the CourtFtjld, J.

On this appeal, brought as of right on alleged constitutional grounds, the petitioners seek to annul a decision of the Commissioner of Education sustaining a special election in the Ellicottville Central School District at which the voters authorized the construction of a new high school and the issuance of bonds to finance it.

At the election, held on May 20, 1955, two voting machines were used to record the vote. The machines operate in this way: the voter enters a booth, pulls a handle closing a curtain about him and then selects and depresses a lever indicating his choice. To leave the…

2Cases cited1 opinion

  1. Hecht v. MonaghanNew York Court of Appeals · 1954

3Cited by11 opinions

  1. Winters v. LavineCourt of Appeals for the Second Circuit · 1978
  2. Winters v. LavineCourt of Appeals for the Second Circuit · 1978
  3. Olson v. Board of Ed. of U. Free Sch. Dist. No. 12, Malverne, NYDistrict Court, E.D. New York · 1966
  4. Arthur Steier v. New York State Education Commissioner, New York City Board of Higher Education and Brooklyn CollegeCourt of Appeals for the Second Circuit · 1959
  5. Netupsky v. New York State Board of RegentsNew York Supreme Court · 1978

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