Kane v. Gaynor
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, James Kane, from an order of the Supreme Court,- made at the Kings County Special Term, and entered in the office of the clerk of the county of Kings on the 9th day of March, 1911, denying the petitioner’s motion for a peremptory writ of mandamus. The opinion delivered at Special Term is reported in Matter of Kane (71 Misc. Rep. 163.)
1Opinion of the Court
Woodward, J.:
The petitioner applied to this court at Special Term for a peremptory, writ of mandamus to compel the respondent to appoint him to the office of commissioner of elections in the city of New York, and this application has been denied. The petitioner appeals to this court, and the question here presented is whether, under the provisions of section 194 of. the Election Law (Consol. Laws, chap. 17; Laws of 1909, chap. 22), the respondent was bound to appoint the petitioner, the latter having been recommended by the chairman of the Democratic county committee of Kings county, as…
2Cases cited2 opinions
- People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
- Sturgis v. . SpoffordNew York Court of Appeals · 1871
3Cited by23 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
- Ingard v. BarkerIdaho Supreme Court · 1915
- Ahern v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1959
- Matter of Thomas v. WellsNew York Court of Appeals · 1942
- In re CarpAppellate Division of the Supreme Court of the State of New York · 1917
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