People ex rel. Cotte v. Gilbert
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Franklin C. Gilbert, as clerk, from an order of the Supreme Court, made at the Nassau Special Term and entered in the office of the clerk of the county of Nassau on the 17th day of March, 1919, directing the issuance of a writ of peremptory mandamus commanding the town clerk of the town of Hempstead in Nassau county to accept and file a certain certificate of nomination.
1Opinion of the Court
Kelly, J.:
in 1899, pursuant to the provisions of the then existing law, the board of supervisors of Nassau county fixed the first Tuesday in April in odd-numbered years as the day for holding the biennial town meetings and such meetings have accordingly been held on that day to and including the biennial town meeting on April 3,1917. The present Town Law (Consol. Laws, chap. 62 [Laws of 1909, chap. 63], § 40) provides that the electors of a town shall biennially on the second Tuesday in February assemble and hold meetings, but the board of supervisors of any county are authorized by…
2Cases cited5 opinions
- The People v. . PetreaNew York Court of Appeals · 1883
- Matter of HennebergerNew York Court of Appeals · 1898
- People Ex Rel. Clancy v. Board of SupervisorsNew York Court of Appeals · 1893
- The People v. . AllenNew York Court of Appeals · 1870
- People Ex Rel. Smith v. . WeeksNew York Court of Appeals · 1903
3Cited by1 opinion
- Smith v. OdellAppellate Division of the Supreme Court of the State of New York · 1921