Legal Opinion

Proud v. Relin

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

Decided October 4, 1991PublishedCited by 5 opinions

1Opinion of the Court

— Order modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: The court has the discretion to order an "opportunity to ballot” as justice requires where a candidate’s designation has been invalidated by a technical defect (Matter of Harden v Board of Elections, 74 NY2d 796; Matter of Hunting v Power, 20 NY2d 680). Here, petitioner challenged a candidate selected to fill a vacancy by the committee to fill vacancies because the same candidate had previ*1198ously declined that position. This situation was not contemplated by section 6-148 of the…

2Cases cited7 opinions

  1. Hunting v. PowerNew York Court of Appeals · 1967
  2. Harden v. Board of ElectionsNew York Court of Appeals · 1989
  3. MATTER OF PLUNKETT v. MahoneyNew York Court of Appeals · 1990
  4. Nestler v. CohenAppellate Division of the Supreme Court of the State of New York · 1934
  5. Curtin v. MahoneyAppellate Division of the Supreme Court of the State of New York · 1976

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Farrell v. SunderlandNew York Supreme Court · 1997
  2. Roberts v. WorkAppellate Division of the Supreme Court of the State of New York · 2013
  3. Turdik v. BernsteinAppellate Division of the Supreme Court of the State of New York · 2011
  4. Matter of Wohl v. BruenAppellate Division of the Supreme Court of the State of New York · 2025
  5. Roberts v. WorkAppellate Division of the Supreme Court of the State of New York · 2013

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API