Appellate Division of the Supreme Court of New York, 1937

Simpson v. Cohen

Appellate Division of the Supreme Court of New York · Decided October 27, 1937

252 A.D. 275; 299 N.Y.S. 124

Counsel

Gabriel L. Kaplan of counsel, for the appellant., A. David Benjamin of counsel, for the respondent John R. Crews, chairman of Kings County Republican Committee., Walter M. Weis of counsel, for the respondent City Fusion Party., Irving H. Saypol of counsel, for the respondent Trades Union Party., Frederic C. Bellinger of counsel, for the intervenor, respondent, Anti-Communist Party., Leonard M. Wallstein, Jr., of counsel, for the Board of Elections, respondents.

Opinion of the Court

Per Curiam.

It was held in Matter of Independent Nominations (186 N. Y. 266) that single petitions might nominate candidates running in different political units. In our opinion the amendment to section 137 of the Election Law (Laws of 1935, chap. 955) effects no change in this rule. The requirement included in the law by that amendment, that petitions be consecutively numbered, seems to have been sufficiently complied with here.

Assuming that the requirement for consecutive numbering is mandatory, in the greater number of Assembly districts there was consecutive numbering of all petitions within that unit. These signatures aggregated many thousands beyond the required numbers.

The orders should be affirmed.

Present — Townley, Dore, Cohn and Callahan, JJ.

In “ Trades Union Party ” proceeding: Order unanimously affirmed.

In “ Anti-Communist Party ” proceeding: Order unanimously affirmed.

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