Appellate Division of the Supreme Court of New York, 1934

In re Hylan

In re Hylan
Appellate Division of the Supreme Court of New York · Decided October 29, 1934 · Bliss, Crapser, Hill, McNamee, Rhodes
242 A.D. 260; 275 N.Y.S. 522; 1934 N.Y. App. Div. LEXIS 6041

Counsel

Harry A. Gordon, Eric C. Gordon, Charles Norman Shaffer and Gustave W. M. Wieboldt, for the appellants., Robert E. Whalen and John J. Bennett, Jr., Attorney-General [Henry Epstein, Solicitor-General; Charles J. Duncan, David A. White, Anthony De Stefano, Edward S. Rooney, George W. Foy, George Myers and Moses L. Kove of counsel], for the respondents.

In re Hylan

Opinion of the Court

Rhodes, McNamee, Crapser and Bliss, JJ., concur; Hill, P. J.,

dissents and votes to reverse the orders upon the ground that the court should have directed the objectors to furnish the proponents of the nominating petition with a bill of particulars to permit preparation for the trial; and upon the further ground that illegal evidence was received and considered by the court. The witness Finn, election commissioner of Clinton county, was not the legal custodian of the registry lists between the completion thereof and election day. (Election Law, § 181.)

Twenty-four thousand electors of New York State have attempted to place a ticket in nomination. Their expressed desires should not be thwarted upon technical grounds.

Orders affirmed.

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