New York Court of Appeals, 1934

In Re Petition Purporting to Nominate Hylan

In Re Petition Purporting to Nominate Hylan
New York Court of Appeals · Decided October 31, 1934 · <italic>Per Curiam.</italic>
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

Per Curiam.

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.