Legal Opinion

Holtzman v. Power

New York Supreme Court

Decided June 5, 1970PublishedCited by 16 opinions

1Opinion of the CourtMyles J. Lane, J.

This proceeding is regarded in substance as an action for declaratory judgment of unconstitutionality (see 34 A D 2d 779).

Remand was ordered by the Appellate Division in order to add what it deemed ‘1 indispensable parties to the litigation ” as parties defendant. Presumably, pursuant to the order of the Appellate Division, petitioners have filed a copy of the notice of this remanded proceeding, together with postal return receipts indicating receipt of the notice by the affected parties. It is contended by the Attorney-General that the letter notice is legally insufficient and that the…

2Cases cited7 opinions

  1. Snowden v. HughesSupreme Court of the United States · 1944
  2. Bernard Weisberg v. Paul Powell, Individually and as Secretary of State of IllinoisCourt of Appeals for the Seventh Circuit · 1969
  3. Matter of BurnsNew York Court of Appeals · 1898
  4. Matter of Crane v. VoorhisNew York Court of Appeals · 1931
  5. Matter of Callaghan v. VoorhisNew York Court of Appeals · 1929

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3Cited by16 opinions

  1. Harley McLain v. Ben Meier, Secretary of State and Allen Olson, Attorney GeneralCourt of Appeals for the Eighth Circuit · 1980
  2. Gould v. GrubbCalifornia Supreme Court · 1975
  3. Sangmeister v. WoodardCourt of Appeals for the Seventh Circuit · 1977
  4. Sonneman v. StateAlaska Supreme Court · 1998
  5. New Alliance Party v. New York State Board of ElectionsDistrict Court, S.D. New York · 1994

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