Legal Opinion

Maniscalco v. Power

Appellate Division of the Supreme Court of the State of New York

Decided October 28, 1957PublishedCited by 10 opinions

1Opinion of the CourtBergan, J.

The petition instituting this judicial proceeding pursuant to section 330 of the Election Law was verified by one of the two petitioners who are candidates for office in the same county and whose legal rights and interests are identical. The *480verification of the petition by one of the parties is sufficient (Rules Civ. Prac., rule 99).

The respondent-appellant who filed objections to the nominating petition is the true adverse party in the judicial proceeding and his presence before the court is sufficient without adding candidates of other parties for the office in question who are not…

2Cited by10 opinions

  1. Bennett v. JustinAppellate Division of the Supreme Court of the State of New York · 1980
  2. Betzler v. CareyNew York Supreme Court · 1981
  3. Boudreau v. CataniseAppellate Division of the Supreme Court of the State of New York · 2002
  4. Di Lucia v. New York State Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 1986
  5. Glowacki v. SmolinskiAppellate Division of the Supreme Court of the State of New York · 1982

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