Dyte v. Lawley

Appellate Division of the Supreme Court of New York

Dyte v. Lawley

14 A.D.2d 827, 218 N.Y.S.2d 533, 1961 N.Y. App. Div. LEXIS 8510

Appellate Division of the Supreme Court of the State of New York·Decided October 19, 1961·Published·Cited by 2 cases

Opinion

Memorandum: Upon the facts here presented, we conclude that “a vacancy in a nomination made at a fall primary” was not created within the meaning of the language of subdivision 3 of section 140 of the Election Law. Oral application for leave to appeal to the Court of Appeals denied. This, of course, does not prevent an application being made directly to the Court of Appeals. (Appeal from an order of Erie Special Term denying application to have Board of Elections accept certificate of nomination as valid.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ. (Decision and order entered Oct. 17, 1961.)

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Memorandum: Upon the facts here presented, we conclude that “a vacancy in a nomination made at a fall primary” was not created within the meaning of the language of subdivision 3 of section 140 of the Election Law. Oral application for leave to appeal to the Court of Appeals denied. This, of course, does not prevent an application being made directly to the Court of Appeals. (Appeal from an order of Erie Special Term denying application to have Board of Elections accept certificate of nomination as valid.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ. (Decision and order entered Oct. 17, 1961.)

Dyte v. Lawley, 14 A.D.2d 827, 218 N.Y.S.2d 533, 1961 N.Y. App. Div. LEXIS 8510 (N.Y. Ct. App. 1961).

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