Matter of Sweeney
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 24, 1913, which reversed an order of Special Term denying a motion for an order directing the secretary of state to cancel the certificate issued to Henry V". Borst as the nominee for justice of the Supreme Court upon the Socialist ticket in the fourth judicial district and granted said motion.
1Per curiam
We think that the petitioner was not entitled to any relief against the secretary of state. If he is entitled to maintain a single proceeding against both the commissioners of elections and the secretary of state it must be by section 134 of the Election Law in conjunction with section 56 of said act. Section 134 requires notice to he given to the candidates affected, and no such notice has been given in this case. If, as claimed, it will become the duty of the secretary of state, on the receipt of the amended returns from the commissioners of election, to give a new certificate of nomination…
2Cited by3 opinions
- In re TenjostAppellate Division of the Supreme Court of the State of New York · 1915
- Mischler v. DravinskiNew York Supreme Court · 1951
- Spillane v. KatzAppellate Division of the Supreme Court of the State of New York · 1969