Matter of O'Brien
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 23,1912, which affirmed an order of Special Term overruling objections to an independent- certificate of nomination of Gilbert D. B. Hasbrouck for the office of justice of the Supreme Court.
1Per curiam
The prevailing opinion of the Appellate Division expressed the conclusion that the certificate of nomination attacked in this proceeding did not have the number of signers required by the statute, and proceeded to discuss the questions involved upon the merits because such alleged defect in the certificate had been waived by the interested parties. We disapprove that conclusion upon the authority of People ex rel. Hotchkiss v. Smith (206 N. Y. 231), recently decided by us. We approve the reasoning of that opinion upon the merits of the controversy presented by these appeals and affirm the…
2Cases cited1 opinion
- People Ex Rel. Hotchkiss v. . SmithNew York Court of Appeals · 1912
3Cited by5 opinions
- Matter of Peel v. CohenNew York Court of Appeals · 1934
- Matter of StrausNew York Court of Appeals · 1934
- Rosett v. HeffernanNew York Supreme Court · 1946
- In re HastingsAppellate Division of the Supreme Court of the State of New York · 1924
- In re PeelAppellate Division of the Supreme Court of the State of New York · 1934