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Legal Opinion

MATTER OF RIVERA v. Espada

New York Court of Appeals

Decided August 30, 2002PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

This appeal concerns the interpretation of Election Law § 16-110 (2), * allowing cancellation of the enrollment of a member of a political party after a finding that the party enrollee is not in sympathy with party principles. Because we conclude that the political party’s determination was based both on evidence subject to immunity conferred by the Speech or Debate Clause of the New York State Constitution (art III, §11) and on independent nonprivileged evidence, we reverse the order of the Appellate Division and remit for further proceedings consistent with this opinion.

O…

3Cases cited6 opinions

  1. Hutchinson v. ProxmireSupreme Court of the United States · 1979
  2. People v. OhrensteinNew York Court of Appeals · 1990
  3. Zuckman v. DonahueAppellate Division of the Supreme Court of the State of New York · 1948
  4. Matter of Zuckman v. DonohueNew York Court of Appeals · 1948
  5. Mendelsohn v. WalpinNew York Supreme Court · 1950

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4Cited by14 opinions

  1. MATTER OF MARON v. SilverNew York Court of Appeals · 2010
  2. Walsh v. AbramowitzAppellate Division of the Supreme Court of the State of New York · 2010
  3. In Re: The 35th Legislature of V.I.Supreme Court of The Virgin Islands · 2024
  4. In re Office of the GovernorNew York Supreme Court · 2008
  5. Rhoades v. Westchester County Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 2014

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