Densmore v. Westall

280 A.D. 939, 115 N.Y.S.2d 863, 1952 N.Y. App. Div. LEXIS 4297

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 8, 1952
• Status: Published

Opinion

Order reversed on the law, without costs, and petition dismissed, without costs. It is conceded that notice of the party caucus, at which it is alleged that one William J. Murray was nominated, was not given as required by the provisions of section 146 of the Election Law. In our opinion, the provisions of that section with respect to notice are mandatory and may not be disregarded, and the purported nomination is consequently void. Holán, P. J., Johnston, Adel, Wenzel and Schmidt, JJ., concur.