Anderson v. Meisser

New York Court of Appeals

Anderson v. Meisser

239 N.E.2d 531, 22 N.Y.2d 316, 292 N.Y.S.2d 654, 1968 N.Y. LEXIS 1273

CourtNew York Court of Appeals

DecidedJune 13, 1968

StatusPublished

Cited by5 cases

This text of 239 N.E.2d 531 (Anderson v. Meisser) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anderson v. Meisser, 239 N.E.2d 531, 22 N.Y.2d 316, 292 N.Y.S.2d 654, 1968 N.Y. LEXIS 1273 (N.Y. 1968).

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Opinion

Memorandum.

Subdivision 4 of section 137 of the Election Law provides that the designation of nonenrolled party candidates must be authorized by “ a meeting of the members of the party committee representing the political subdivision of the office for which a designation or nomination is to be made, or of such other committee as the rules of the party may provide ” (emphasis added).

Section 2 of article VII of the rules and regulations of the Nassau County Committee of the Conservative party provides: “ Authorization—Except to the extent otherwise provided by law with respect to certain offices to be filled by all the voters of the City of New York, the County Executive Committee is empowered to authorize the designation, nomination or substitution of a person as a candidate for any office to be voted on withm Nassau County who is not enrolled as a member of the Conservative Party ” (emphasis added).

It is clear from a reading of the foregoing provisions that the Nassau County Executive Committee of the Conservative party had the power to designate the candidates herein (cf. Matter of Wessendorf v. Donohue, 54 Misc 2d 1045, affd. 28 A D 2d 1095, affd. 20 N Y 2d 838).

[318]*318Within the context of this case it is our opinion that Matter of Dent v. Power (307 N. Y. 826) is not controlling.

Accordingly, the orders appealed from should be reversed and the petitions dismissed.

Chief Judge Fuld and Judges Scileppi, Bbbgan, Keating, Bbeitel, Jasen and Kobe man

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Memorandum.

Subdivision 4 of section 137 of the Election Law provides that the designation of nonenrolled party candidates must be authorized by “ a meeting of the members of the party committee representing the political subdivision of the office for which a designation or nomination is to be made, or of such other committee as the rules of the party may provide ” (emphasis added).

Section 2 of article VII of the rules and regulations of the Nassau County Committee of the Conservative party provides: “ Authorization—Except to the extent otherwise provided by law with respect to certain offices to be filled by all the voters of the City of New York, the County Executive Committee is empowered to authorize the designation, nomination or substitution of a person as a candidate for any office to be voted on withm Nassau County who is not enrolled as a member of the Conservative Party ” (emphasis added).

It is clear from a reading of the foregoing provisions that the Nassau County Executive Committee of the Conservative party had the power to designate the candidates herein (cf. Matter of Wessendorf v. Donohue, 54 Misc 2d 1045, affd. 28 A D 2d 1095, affd. 20 N Y 2d 838).

[318]*318Within the context of this case it is our opinion that Matter of Dent v. Power (307 N. Y. 826) is not controlling.

Accordingly, the orders appealed from should be reversed and the petitions dismissed.

Chief Judge Fuld and Judges Scileppi, Bbbgan, Keating, Bbeitel, Jasen and Kobe man

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Bluebook (online)

239 N.E.2d 531, 22 N.Y.2d 316, 292 N.Y.S.2d 654, 1968 N.Y. LEXIS 1273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-meisser-ny-1968.

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