Legal Opinion
In re Falcher
New York Supreme Court
Decided November 19, 1980PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Andrew J. DiPaola, J.
This case involves an issue which surfaces every year on exactly the same day, namely Election Day. The issue takes on even more importance when the country is in the throes of a presidential election and voting, which is normally a humdrum civic matter, becomes a matter of national concern.
The issue in question — whether an otherwise qualified voter can effectively be denied the opportunity to exercise his voting rights by the board of elections, merely because he or she appears at the board shortly before 9:00 p.m. for a court order — was presumed by…
2Cases cited5 opinions
- In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
- Palla v. Suffolk County Board of ElectionsNew York Court of Appeals · 1972
- Cesar v. Onondaga County Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 1976
- Palla v. Suffolk County Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 1971
- People ex rel. Woodside v. Board of Inspectors of Election of 56th Election District of Town of HempsteadNew York Supreme Court · 1976
3Cited by3 opinions
- Auerbach v. RettaliataCourt of Appeals for the Second Circuit · 1985
- Amy Auerbach, Barbara Shapiro, Andrea Digregorio, Monica Rossi, Mary Ellen Scarpone, Stephen Schreiber, Sharon Sonner, Carrie Newman, Robert Weber, Louis Esbin, Alan Frutkin, on Behalf of Themselves and All Other Persons Similarly Situated v. Donald Rettaliata and William McKeon Commissioners of the New York State Board of Elections, Individually and in Their Official Capacities, Martha C. Perez, Maria S. Ramirez and Gloria A. O'connell, on Behalf of Themselves and All Other Persons Similarly Situated v. Donald Rettaliata and William McKeon Commissioners of the New York State Board of ElectionsCourt of Appeals for the Second Circuit · 1985
- Kolodziej v. NiebelNew York Supreme Court · 1997