Legal Opinion

Powers v. Theofel

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1929PublishedCited by 2 opinions

1Opinion of the Court

Order reversed upon the law, witn ten dollars costs and disbursements, and motion granted, with ten dollars costs. In our opinion the action may be maintained. (Brown v. Cole, 54 Misc. 278; Cummings v. Bailey, 53 id. 142; affd., 120 App. Div. 892.) The record shows that the amended rules of the Democratic county committee of Queens county were not adopted by a majority of that committee as required by section 15 of the Election Law. They are, therefore, invalid and their enforcement may be enjoined. Lazansky, P. J., Rich, Young, Kapper and Seeger, JJ., concur.

2Cases cited2 opinions

  1. Brown v. ColeNew York Supreme Court · 1907
  2. Cummings v. BaileyAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by2 opinions

  1. Theofel v. ButlerNew York Supreme Court · 1929
  2. De Camilla v. Connery, New York County Courts1964