Appellate Division of the Supreme Court of New York, 1952

Densmore v. Westall

Densmore v. Westall
Appellate Division of the Supreme Court of New York · Decided October 8, 1952
280 A.D. 939; 115 N.Y.S.2d 863; 1952 N.Y. App. Div. LEXIS 4297
Densmore v. Westall

Opinion of the Court

Order reversed on the law, without costs, and petition dismissed, without costs. It is conceded that notice of the party caucus, at which it is alleged that one William J. Murray was nominated, was not given as required by the provisions of section 146 of the Election Law. In our opinion, the provisions of that section with respect to notice are mandatory and may not be disregarded, and the purported nomination is consequently void. Holán, P. J., Johnston, Adel, Wenzel and Schmidt, JJ., concur.

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