New York Court of Appeals, 1935

Matter of Haviland v. Ellrodt

New York Court of Appeals · Decided October 25, 1935 · Crane, Lehman, O'Brien, Hubbs, Loughran, Finch, Crouch

198 N.E. 234; 268 N.Y. 488; 1935 N.Y. LEXIS 965 (North Eastern Reporter)

Opinion of the Court

Per Curiam,

Section 249 of the Election Law (Cons. Laws, ch. 17) provides: “ The names of all candidates nominated by any party or independent body for an office shall always appear in the row or column containing generaEy the names of candidates nominated by such party or independent body for other offices except as hereinafter provided.”

The exceptions thereinafter provided do not include a case where the same person has been nominated by one party and one independent body.

The orders should be reversed and the application of the petitioner granted, without costs.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ., concur; Crouch, J., not sitting.

Ordered accordingly.

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