Matter of Holley (Rittenberg)
New York Court of Appeals
The Supreme- Court ha? jurisdiction after a The Supreme Court had inherent jurisdiction by virtue of the provisions of the State Constitution and the Election Law (Cons. Laws, ch. 17) to enter the order appealed from. (N. Y. Const, art. 6, § 1; Cons. Laws, ch. 17, §§ 330, 333; Matter of Hearst v, Woelper, 183 N. Y, 284; Matter of Wogan, 242 App. Div. 839.) The Election Law does not grant any power to the Supreme Court to conduct a general recount. (People ex rel.
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The Supreme- Court ha? jurisdiction after a The Supreme Court had inherent jurisdiction by virtue of the provisions of the State Constitution and the Election Law (Cons. Laws, ch. 17) to enter the order appealed from. (N. Y. Const, art. 6, § 1; Cons. Laws, ch. 17, §§ 330, 333; Matter of Hearst v, Woelper, 183 N. Y, 284; Matter of Wogan, 242 App. Div. 839.) The Election Law does not grant any power to the Supreme Court to conduct a general recount. (People ex rel. Fiske v. Bants, 181 App. Div. 702; 222 N. Y. 676; Matter of Medbury, 234 App, Div, 26; Matter of Friedman, 238 App. Div, 341;…
1Per curiam
The Legislature by section 330 of the Election Law (Cons. Laws, ch. 17), has conferred upon the Supreme Court broad power to determine “ any question * ⅜ ⅜ arising * ⅝ * [and] make such order as justice may require ” in respect to the matters enumerated in the succeeding subdivisions of that section. The field of its powers is limited to the specified matters; within that field the power is plenary. Among the matters specified in respect to which this plenary power has been granted is “ the nomination of any candidate.” (Subd. 2.) The provision in the same subdivision that “ the court may…
2Cited by25 opinions
- Corrigan v. Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 1972
- New York State Committee of the Independence Party v. New York State Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 2011
- Mullen v. HeffernanNew York Supreme Court · 1948
- Lester v. GrunerNew York Supreme Court · 1953
- Southard v. McGannAppellate Division of the Supreme Court of the State of New York · 1951
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