Legal Opinion
Lufty v. Gangemi
New York Court of Appeals
Decided August 28, 1974PublishedCited by 22 opinions
1Per curiam
The order of the Appellate Division should be reversed, the judgment dismissing the proceeding vacated, and the relief requested by petitioners granted.
It was definitively decided in Matter of Burns v. Wiltse (303 N. Y. 319) that one may not run for a public office in which one would not be eligible to serve because of a prior pending candidacy for an incompatible position. Similarly, in Matter of Ryan v. Murray (172 Misc. 105, affd. 257 App. Div. 1068) and in Matter of Trongone v. O’Rourke, 68 Misc 2d 6, affd. 37 A D 2d 763), in circumstances precisely like those in this case, it was held…
2Cases cited3 opinions
- Burns v. WiltseNew York Court of Appeals · 1951
- In re RyanNew York Supreme Court · 1939
- Trongone v. O'RourkeNew York Supreme Court · 1971
3Cited by22 opinions
- Richardson v. LuizzoAppellate Division of the Supreme Court of the State of New York · 1978
- Bachmann v. CoyneAppellate Division of the Supreme Court of the State of New York · 1984
- Lawrence v. SpelmanAppellate Division of the Supreme Court of the State of New York · 1999
- John F. Gangemi v. Salvatore Sclafani, Etc., and Angelo J. Arculeo, Intervenor-AppelleeCourt of Appeals for the Second Circuit · 1974
- Phillips v. Suffolk County Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 2005
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