Amter v. Flynn

Appellate Division of the Supreme Court of New York

Amter v. Flynn

251 A.D. 921, 297 N.Y.S. 906, 1937 N.Y. App. Div. LEXIS 8248

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 21, 1937

StatusPublished

This text of 251 A.D. 921 (Amter v. Flynn) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Amter v. Flynn, 251 A.D. 921, 297 N.Y.S. 906, 1937 N.Y. App. Div. LEXIS 8248 (N.Y. Ct. App. 1937).

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Opinion

The Special Term has refused to grant a peremptory order of mandamus, directing the Secretary of State to accept the statements of the Communist party as to party positions to be filled at the primary election to be held on September 16, 1937, and directing the Secretary of State to certify that the Communist party is a legally recognized party of this State. The Communist party in 1936 polled less than fifty thousand votes for Governor, and thereby the group lost its right to be considered a political party. (Election Law, § 2, subd. 5.) Order unanimously affirmed. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

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The Special Term has refused to grant a peremptory order of mandamus, directing the Secretary of State to accept the statements of the Communist party as to party positions to be filled at the primary election to be held on September 16, 1937, and directing the Secretary of State to certify that the Communist party is a legally recognized party of this State. The Communist party in 1936 polled less than fifty thousand votes for Governor, and thereby the group lost its right to be considered a political party. (Election Law, § 2, subd. 5.) Order unanimously affirmed. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

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Bluebook (online)

251 A.D. 921, 297 N.Y.S. 906, 1937 N.Y. App. Div. LEXIS 8248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amter-v-flynn-nyappdiv-1937.