Legal Opinion

MATTER OF PIERCE v. Breen

New York Court of Appeals

Decided October 25, 1995PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

On August 10, 1995, with a quorum assembled, the Schoharie County Democratic Committee (Committee) met and nominated Michael Breen as its candidate for County Court Judge to fill a vacancy that had been created by a recent resignation. The Committee filed a certificate of nomination with the Schoharie County Board of Elections on the following day, August 11, 1995.

Petitioner filed objections on September 22, 1995, contending that Breen’s certificate of nomination had been prematurely filed in violation of Election Law §§ 6-116 and 6-158 (6). Election Law § 6-116 provides…

3Cases cited2 opinions

  1. Carr v. New York State Board of ElectionsNew York Court of Appeals · 1976
  2. MATTER OF BUSH v. SalernoNew York Court of Appeals · 1980

4Cited by9 opinions

  1. Dunlea v. New York State Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 2000
  2. Gentner v. Albany County Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 2003
  3. Matter of Hawatmeh v. New York State Bd. of ElectionsAppellate Division of the Supreme Court of the State of New York · 2020
  4. Sarich v. PontieriAppellate Division of the Supreme Court of the State of New York · 1996
  5. Williams v. McDonoughAppellate Division of the Supreme Court of the State of New York · 2007

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