MATTER OF CAREY v. Power

New York Court of Appeals October 27, 1966

MATTER OF CAREY v. Power, 18 N.Y.2d 845 (N.Y. 1966)

222 N.E.2d 610; 275 N.Y.S.2d 850; 1966 N.Y. LEXIS 1036

Desmond, Fuld, Van Voorhis, Bürke, Beegan, Keating, Scilepfi, Senator, Senate, Cohen

Opinion

Order of Appellate Division modified, without costs. The petition for the 15th Congressional District candidate is valid. The petition for Member of the Assembly in the 50th Assembly District is valid. The petition for State Senator and for Delegates to the Constitutional Convention in the 21st Senate District is invalid.

Concur: Chief Judge Desmond and Judges Fuld, Van Voorhis, BüRke, Beegan and Keating. Judge Scilepfi dissents and votes to reverse as to that part of the decision which invalidates the petition for State Senator and for Delegates to the Constitutional Convention in the 21st Senate District (see Matter of Garside v. Cohen, 265 N. Y. 606).

Reference

Full Case Name: In the Matter of Hugh L. Carey Et Al., Appellants, v. James M. Power Et Al., Constituting the Board of Elections of the City of New York, and Herbert F. Ryan Et Al., Respondents
Cited By: 2 cases
Status: Published