Legal Opinion
Mahoney v. May
New York Court of Appeals
Decided October 27, 1976PublishedCited by 5 opinions
1Opinion of the Court
Memorandum. Order of the Appellate Division affirmed, without costs.
The Appellate Division having reversed on the facts as well as the law this court is free to make its own resolution of the facts (Cohen and Karger, Powers of the New York Court of Appeals, § 112, esp n 91). It accepts the resolution of the Appellate Division that there is insufficient evidence in the record to support a finding that "there was a plan or scheme of fraud or the purpose to circumvent the policy of the Election Law”, assuming that the caveat in Matter of Farbstein v Suchman (26 NY2d 564, 567) presages a rule…
2Cases cited2 opinions
- Farbstein v. SuchmanNew York Court of Appeals · 1970
- McGraw v. PowerNew York Court of Appeals · 1954
3Cited by5 opinions
- Miller v. MerrellNew York Court of Appeals · 1981
- Block v. MarinoDistrict Court, S.D. New York · 1993
- Ferguson v. New York Liberal Party State CommitteeNew York Supreme Court · 1982
- Ferguson v. New York State Liberal Party State CommitteeAppellate Division of the Supreme Court of the State of New York · 1982
- Reiff v. Department of ProbationDistrict Court, E.D. New York · 1979