Matter of Lindgren
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 24, 1921, which reversed an order of Special Term granting a motion to compel the board of elections of the city of New York to print the names of certain nominees of the Workers’ League party on the official ballot and denied said motion. The certificates nominating Gitlow and Winitsky comply with the requirements of the Election Law.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 24, 1921, which reversed an order of Special Term granting a motion to compel the board of elections of the city of New York to print the names of certain nominees of the Workers’ League party on the official ballot and denied said motion. The certificates nominating Gitlow and Winitsky comply with the requirements of the Election Law. (People v. Cady, 143 N. Y. 100; Matter of McGrath, 189 App. Div. 140.) The petitioner has a clear legal right to the relief sought. (People ex…
1Opinion of the CourtCrane, J.
Section 3 of the Public. Officers Law (Cons. Laws, ch. 47) provides that no person shall be capable of holding a civil office who shall not at the time he shall be chosen thereto be of full age, a citizen of the United States and a resident of the state.
Section 510 of the Penal Law reads as follows: “ A sentence of imprisonment in a state prison for any term less than for life, forfeits all the public offices, and suspends, during the term of the sentence, all the civil rights, and all private trusts, authority, or powers of, or held by, the persons sentenced.”
Benjamin Gitlow, residing at…
2Cases cited3 opinions
- People Ex Rel. Sherwood v. State Board of CanvassersNew York Court of Appeals · 1891
- In re MurphyAppellate Division of the Supreme Court of the State of New York · 1919
- In re McGrathAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by30 opinions
- United States Ex Rel. Greathouse v. DernSupreme Court of the United States · 1933
- Burns v. WiltseNew York Court of Appeals · 1951
- State Ex Rel. Chavez v. EvansNew Mexico Supreme Court · 1968
- Matter of Wicksel v. CohenNew York Court of Appeals · 1933
- O'Connor v. CohenNew York Supreme Court · 1940
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