Legal Opinion

People Ex Rel. Cotte v. . Gilbert

New York Court of Appeals

Decided March 21, 1919PublishedCited by 12 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 19, 1919, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant to receive and file certain nominations for town offices. The facts, so far as material, are stated in the opinion.

1Opinion of the CourtMcLaughlin, J.

In 1899 the board of supervisors of the county of Nassau, by resolution, duly passed, pursuant to the provisions of the Town Law (Laws of 1898, chap. 363) and section 40 (Consolidated Laws, chap. 62) fixed the first Tuesday of April in odd-numbered years as the time for holding biennial town meetings in such county, and town meetings were accordingly held up to and including April 3, 1917.

In 1917 the legislature passed chapter 126 (now section 588 of the Town Law) and it became a law on the 2d of April of that year. This act provided that after the third day of April, 1917, the next biennial…

2Cases cited5 opinions

  1. The People v. . PetreaNew York Court of Appeals · 1883
  2. Rathbone v. . WirthNew York Court of Appeals · 1896
  3. Matter of Seeley v. . StevensNew York Court of Appeals · 1907
  4. Matter of Sugden v. . PartridgeNew York Court of Appeals · 1903
  5. People Ex Rel. Clancy v. Board of SupervisorsNew York Court of Appeals · 1893

3Cited by12 opinions

  1. Gardner v. GintherAppellate Division of the Supreme Court of the State of New York · 1931
  2. People v. Gerus, New York County Courts1942
  3. Cort v. SmithAppellate Division of the Supreme Court of the State of New York · 1936
  4. In re Three " John " ChildrenNew York Family Court · 1969
  5. Association for Protection of Adirondacks v. MacdonaldAppellate Division of the Supreme Court of the State of New York · 1930

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