Legal Opinion

Bednarsh v. Cohen

Appellate Division of the Supreme Court of the State of New York

Decided November 26, 1943PublishedCited by 15 opinions

1Per curiam

We find that Special Term was correct in holding that the petition to the Supreme Court was insufficient in form, and thus we must affirm the order appealed from. .

We deem it necessary, however, again to call attention to the rule that the jurisdiction of the Board of Elections in passing on the sufficiency of designating and nominating petitions is confined to ministerial as distinguished from judicial duties. (Matter of Frankel v. Cheshire, 212 App. Div. 664.) This rule permits the Board to check the names on petitions as to matters such as nonresidence or nonregistration as disclosed by…

2Cases cited3 opinions

  1. Matter of Wicksel v. CohenNew York Court of Appeals · 1933
  2. In re FrankelAppellate Division of the Supreme Court of the State of New York · 1925
  3. In re WatersAppellate Division of the Supreme Court of the State of New York · 1936

3Cited by15 opinions

  1. MATTER OF GOODMAN v. HaydukNew York Court of Appeals · 1978
  2. McGoey v. BlackAppellate Division of the Supreme Court of the State of New York · 1984
  3. Collins v. HeffernanNew York Supreme Court · 1946
  4. Toigo v. Columbia County Board of ElectionsNew York Supreme Court · 1966
  5. Le Sawyer v. Board of ElectionsNew York Supreme Court · 1954

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