Appellate Division of the Supreme Court of New York, 1933

In re Strike from Registry of Electors for General Election to Be Held November 7, 1933

In re Strike from Registry of Electors for General Election to Be Held November 7, 1933
Appellate Division of the Supreme Court of New York · Decided November 1, 1933
239 A.D. 150; 268 N.Y.S. 417; 1933 N.Y. App. Div. LEXIS 7979

Counsel

Charles J. Duncan [Edward S. Rooney of counsel], for the appellants., Borden H. Mills [John J. McManus of counsel], for the respondents.

In re Strike from Registry of Electors for General Election to Be Held November 7, 1933

Opinion of the Court

Order reversed, on the law and facts, and proceeding dismissed, on the ground that the persons referred to have established a bona fide residence at the place in question, and are not persons “ kept ” at the institution within the meaning of the State Constitution.

Rhodes, McNamee, Bliss and Heffernan, JJ., concur; Hill, P. J., dissents and votes to affirm on the ground that the persons excluded have not gained a voting residence in the sixth election district of the nineteenth ward in the city of Albany, as they are being “ kept ” at an institution partly supported at public expense, under article 2, section 3, of the State Constitution.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.