In re Halpin
Appellate Division of the Supreme Court of the State of New York
AppeAl by the petitioner, William Hal pin, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New oik, denying the petitioner’s application, under section 56 of the Election Law (Laws of 1896, chap. 909, as amd. by Laws of 1901, chap. 654), to review a decision in writing made by the board of elections of the city of New York relating to “ the construction, validity or legality ” of a certificate of…
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AppeAl by the petitioner, William Hal pin, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New oik, denying the petitioner’s application, under section 56 of the Election Law (Laws of 1896, chap. 909, as amd. by Laws of 1901, chap. 654), to review a decision in writing made by the board of elections of the city of New York relating to “ the construction, validity or legality ” of a certificate of nomination for the office of district attorney pur-; porting' to have been made by the Republican county convention of…
1Per curiam
There is no controversy over the facts. The appeal presents only questions of law. The Special Term was expressly authorized by statute to review summarily the decision of the board of elections “ and to make such order in the premises as justice may require ” (Election Law [Laws of 1896, chap. 909], § 56, as amd. by Laws of 1901, chap. 654), and' the order of the Special Term is appealable. (Matter of Emmet, 150 N. Y. 538; Matter of Mitchell, 81 Hun, 401; Matter of Cuddeback, 3 App. Div. 103.) By virtue of the provisions of section 58 of the Election Law (as amd. by Laws of 1905, chap. 643),…
2Cases cited3 opinions
- In re CuddebackAppellate Division of the Supreme Court of the State of New York · 1896
- In Re Objections to Certificates of Nomination as Member of Assembly for the Second Assembly District of Westchester CountyNew York Court of Appeals · 1896
- In re MitchellNew York Supreme Court · 1894
3Cited by8 opinions
- Neary v. VoorhisAppellate Division of the Supreme Court of the State of New York · 1923
- People ex rel. Simmons v. HamNew York Supreme Court · 1907
- Kress v. Board of ElectionsNew York Supreme Court · 1971
- In re LauerNew York Supreme Court · 1933
- In re GreeneAppellate Division of the Supreme Court of the State of New York · 1907
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