In Re Petition Purporting to Nominate Hylan
In Re Petition Purporting to Nominate Hylan
193 N.E. 342; 265 N.Y. 607; 1934 N.Y. LEXIS 1206
(North Eastern Reporter)
In Re Petition Purporting to Nominate Hylan
Opinion of the Court
Considering the fact that this is a summary proceeding, where prompt action is necessary, we find no question of law is presented which requires reversal. (Election Law [Cons. Laws, ch. 17], §§ 330, 335.)
The Supreme Court made “ such order as justice may require,” within the contemplation of the Election Law. (§ 330.) To order a new trial at this time for technical errors not affecting substantial rights would be a futility.
The order should be affirmed.
Pound, Ch. J., Crane, O’Brien, Hubbs, Crouch and Loughran, JJ., concur; Lehman, J., not sitting..
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.