Legal Opinion
Acosta v. Previte
Appellate Division of the Supreme Court of the State of New York
Decided March 30, 1976PublishedCited by 5 opinions
1Opinion of the Court
of the Supreme Court, New York County, entered on March 23, 1976, which denied an application to strike a petition designating delegates to the Democratic National Convention and members of the Democratic State Committee, affirmed, without costs and without disbursements. In our view appellants, challenging the petition, had the burden of proof to establish such irregularity as required by law. There is a presumption of validity which attends any petition filed in proper form with the Board of Elections. (Election Law, § 103.) Although the Referee found as a fact that no subpoenaed…
2Cases cited6 opinions
- Dowling v. . HastingsNew York Court of Appeals · 1914
- Mercorella v. BenzaNew York Court of Appeals · 1975
- Haas v. CostiganAppellate Division of the Supreme Court of the State of New York · 1961
- Haas v. CostiganNew York Court of Appeals · 1961
- Mercorella v. BenzaAppellate Division of the Supreme Court of the State of New York · 1975
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3Cited by5 opinions
- Powell v. TendyAppellate Division of the Supreme Court of the State of New York · 2015
- Blostein v. BauerAppellate Division of the Supreme Court of the State of New York · 1995
- Lepke v. HarrisNew York Supreme Court · 1988
- Codd v. BarbaroNew York Supreme Court · 1981
- Powell v. TendyAppellate Division of the Supreme Court of the State of New York · 2015