Legal Opinion

Decatur v. Board of Elections

New York Supreme Court

Decided September 1, 1965PublishedCited by 3 opinions

1Opinion of the Court

Ellis J. Staley, Jr., J.

In this proceeding pursuant to section 330 of the Election Law the respondent, Board of Elections of Albany County, has filed an objection in point of law and asks that an order be made dismissing the petition.

The basis of said objection is that the petitioner, John Decatur, is not a proper person to institute the proceedings herein for the reason that he is not a candidate aggrieved nor a person interested in this matter and, further, that he is not enrolled in the Democratic party or the Republican party, and, as such, has no interest whatsoever in the primary…

2Cases cited5 opinions

  1. Mahoney v. LawleyNew York Court of Appeals · 1950
  2. Matter of Berman v. HeffernanNew York Court of Appeals · 1945
  3. Matter of Gaberman v. CohenNew York Court of Appeals · 1944
  4. Matter of Bergen, KiernanNew York Court of Appeals · 1933
  5. Matter of Bergen, MillerNew York Court of Appeals · 1933

3Cited by3 opinions

  1. Hyman v. PreviteAppellate Division of the Supreme Court of the State of New York · 1976
  2. Spillane v. KatzAppellate Division of the Supreme Court of the State of New York · 1969
  3. Spillane v. KatzAppellate Division of the Supreme Court of the State of New York · 1969

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