Legal Opinion

MATTER OF CURRY v. Hosley

New York Court of Appeals

Decided October 26, 1995PublishedCited by 8 opinions

1Opinion of the Court

*472OPINION OF THE COURT

2Per curiam

Petitioner (James Curry), the Republican Party candidate, instituted this Election Law § 16-102 proceeding to remove respondent (Morrison Hosley) as a candidate on the November 7, 1995 ballot for the office of Hamilton County District Attorney. The sole issue before us is whether New York law permits Hosley, who is not an attorney, to serve as the District Attorney. We conclude that the legal nature of the important public responsibilities entrusted to the District Attorneys of this State requires that such individuals be lawyers admitted to practice.

Unique historical…

3Cases cited5 opinions

  1. Schumer v. HoltzmanNew York Court of Appeals · 1983
  2. People v. ZimmerNew York Court of Appeals · 1980
  3. People v. CarterNew York Court of Appeals · 1990
  4. In re SposatoNew York Supreme Court · 1943
  5. Cronin v. Temporary New York State Commission of InvestigationAppellate Division of the Supreme Court of the State of New York · 1963

4Cited by8 opinions

  1. People v. DunsonAppellate Court of Illinois · 2000
  2. Hoerger v. SpotaNew York Court of Appeals · 2013
  3. Hoerger v. SpotaAppellate Division of the Supreme Court of the State of New York · 2013
  4. Matter of KurtzrockAppellate Division of the Supreme Court of the State of New York · 2020
  5. Brown v. Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 2011

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