Fiore v. Hecht

Appellate Division of the Supreme Court of New York

Fiore v. Hecht

37 A.D.2d 772, 325 N.Y.S.2d 621, 1971 N.Y. App. Div. LEXIS 3493

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

DecidedSeptember 1, 1971

StatusPublished

This text of 37 A.D.2d 772 (Fiore v. Hecht) 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

Fiore v. Hecht, 37 A.D.2d 772, 325 N.Y.S.2d 621, 1971 N.Y. App. Div. LEXIS 3493 (N.Y. Ct. App. 1971).

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Opinion

In a proceeding pursuant to section 330 of the Election Law, judgment of the Supreme Court, Dutchess County, dated August 30, 1971, which dismissed appellants’ petition to invalidate designating petitions nominating respondent as mayoral candidate of the Democratic Party, reversed on the law, without costs, and petition granted to the extent of invalidating the said designating petition. In our opinion, the respondent was not an enrolled member of the Democratic Party when the designating petitions were filed (Matter of Roosevelt v. Power, 22 Misc 2d 1074, revd. 10 A D 2d 943, revd. 8 N Y 2d 869; cf. Matter of O’Connor v. Power, 22 N Y 2d 772). Further, respondent was not a resident of the district at the time the petition was filed. Munder, 'Shapiro, Gulotta and Benjamin, JJ., concur; Rabin, P. J., not voting.

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In a proceeding pursuant to section 330 of the Election Law, judgment of the Supreme Court, Dutchess County, dated August 30, 1971, which dismissed appellants’ petition to invalidate designating petitions nominating respondent as mayoral candidate of the Democratic Party, reversed on the law, without costs, and petition granted to the extent of invalidating the said designating petition. In our opinion, the respondent was not an enrolled member of the Democratic Party when the designating petitions were filed (Matter of Roosevelt v. Power, 22 Misc 2d 1074, revd. 10 A D 2d 943, revd. 8 N Y 2d 869; cf. Matter of O’Connor v. Power, 22 N Y 2d 772). Further, respondent was not a resident of the district at the time the petition was filed. Munder, 'Shapiro, Gulotta and Benjamin, JJ., concur; Rabin, P. J., not voting.

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Bluebook (online)

37 A.D.2d 772, 325 N.Y.S.2d 621, 1971 N.Y. App. Div. LEXIS 3493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fiore-v-hecht-nyappdiv-1971.

Opinion

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