Proud v. Relin
Appellate Division of the Supreme Court of the State of New York
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
- Hunting v. PowerNew York Court of Appeals · 1967
- Harden v. Board of ElectionsNew York Court of Appeals · 1989
- MATTER OF PLUNKETT v. MahoneyNew York Court of Appeals · 1990
- Nestler v. CohenAppellate Division of the Supreme Court of the State of New York · 1934
- Curtin v. MahoneyAppellate Division of the Supreme Court of the State of New York · 1976
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3Cited by5 opinions
- Farrell v. SunderlandNew York Supreme Court · 1997
- Roberts v. WorkAppellate Division of the Supreme Court of the State of New York · 2013
- Turdik v. BernsteinAppellate Division of the Supreme Court of the State of New York · 2011
- Matter of Wohl v. BruenAppellate Division of the Supreme Court of the State of New York · 2025
- Roberts v. WorkAppellate Division of the Supreme Court of the State of New York · 2013