Matter of Delehanty v. . Britt
New York Court of Appeals
Cross-appeals from an order of the Appellate Division of the Supreme Court in the first judicial department, entered August 26, 1914, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus. The facts, so far as material, are stated in the opinion.
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Cross-appeals from an order of the Appellate Division of the Supreme Court in the first judicial department, entered August 26, 1914, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus. The facts, so far as material, are stated in the opinion. A justice should be elected at the general election held in November, 1914, to fill the vacancy arising by reason of the failure to elect in the fall of 1911 a successor to Mr. Justice Delehanty. (Matter of Markland v. Scully, 203 N. Y. 158; Koster v. Coyne, 184 N. Y. 494; People ex rel. Lyon v. Wallin, 141 App.…
1Per curiam
This proceeding was instituted by the relator, who is one of the justices of the City Court of the city of New York, to compel the board of elections and the city clerk to certify and publish that at the ensuing primary and general elections there is but one vacancy to fill in the office of justice of the City Court, and that is the vacancy existing because of the failure in 1909 to elect a successor to Justice Green whose term then expired. The reason for the relator’s application is found in the opinion of the corporation counsel advising the above-named election officers that there is…
2Cases cited3 opinions
- People Ex Rel. Snyder v. . HylanNew York Court of Appeals · 1914
- Matter of Trounstine v. . BrittNew York Court of Appeals · 1914
- Matter of Markland v. . ScullyNew York Court of Appeals · 1911
3Cited by1 opinion
- Matter of Adler v. VoorhisNew York Court of Appeals · 1930