Brennan v. Power

Appellate Division of the Supreme Court of New York

Brennan v. Power

284 A.D. 847, 133 N.Y.S.2d 548, 1954 N.Y. App. Div. LEXIS 3688

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

DecidedSeptember 7, 1954

StatusPublished

This text of 284 A.D. 847 (Brennan v. Power) 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

Brennan v. Power, 284 A.D. 847, 133 N.Y.S.2d 548, 1954 N.Y. App. Div. LEXIS 3688 (N.Y. Ct. App. 1954).

Pincite

Opinion

Order affirmed, without costs. Bo opinion. Bolán, P. J., MacCrate and Schmidt, JJ., concur. Murphy, J., dissents and votes to reverse the order and to grant the motion, with the following memorandum: It is admitted that one of the three members of the designated committee on vacancies is not an enrolled voter of the same party as the candidate (Election Law, § 135). As the designating petition fails to comply with a mandatory statutory requirement, the motion should have been granted.

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Order affirmed, without costs. Bo opinion. Bolán, P. J., MacCrate and Schmidt, JJ., concur. Murphy, J., dissents and votes to reverse the order and to grant the motion, with the following memorandum: It is admitted that one of the three members of the designated committee on vacancies is not an enrolled voter of the same party as the candidate (Election Law, § 135). As the designating petition fails to comply with a mandatory statutory requirement, the motion should have been granted.

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Bluebook (online)

284 A.D. 847, 133 N.Y.S.2d 548, 1954 N.Y. App. Div. LEXIS 3688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brennan-v-power-nyappdiv-1954.