People v. Kings County Republican General Committee
Appellate Division of the Supreme Court of the State of New York
Appeal by the complainant, Albert W. S. Proctor, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 10th. day of January, 1901, dismissing a proceeding brought by the complainant to review the action of The Kings County Republican General Committee in enrolling the name of George F. Elliott as a member of said committee, and declaring him to be and recognizing him as a member of said…
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Appeal by the complainant, Albert W. S. Proctor, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 10th. day of January, 1901, dismissing a proceeding brought by the complainant to review the action of The Kings County Republican General Committee in enrolling the name of George F. Elliott as a member of said committee, and declaring him to be and recognizing him as a member of said committee.
1Opinion of the Court
Sewell, J.:
A member of the Kings County Republican general committee resigned, his-resignation was accepted, and thereupon a majority of the sitting delegates from the Assembly district in whose delegation such vacancy occurred, by a majority vote, selected George F. Elliott to fill the vacancy for the unexpired term, and that selection was ratified by the' county committee;
*439There is no express provision in the Primary Election Law (Laws of 1898, chap.' 179, as amd. by Laws of 1899, chap. 473) for filling a vacancy that may occur in a general or other committee, intermediate the happening…
2Cases cited2 opinions
- People Ex Rel. Coffey v. Democratic General CommitteeNew York Court of Appeals · 1900
- The People v. . KeelerNew York Court of Appeals · 1858
3Cited by2 opinions
- Davie v. RiesnerNew York Supreme Court · 1958
- Podkulski v. StrasserNew York Supreme Court · 1960