Fitzgerald v. Cohen

Appellate Division of the Supreme Court of New York

Fitzgerald v. Cohen

260 A.D. 804, 22 N.Y.S.2d 527, 1940 N.Y. App. Div. LEXIS 4731

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

DecidedSeptember 10, 1940

StatusPublished

This text of 260 A.D. 804 (Fitzgerald v. Cohen) 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

Fitzgerald v. Cohen, 260 A.D. 804, 22 N.Y.S.2d 527, 1940 N.Y. App. Div. LEXIS 4731 (N.Y. Ct. App. 1940).

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Opinion

The parties having agreed in open court that this appeal may be decided by a court of four justices, the decision is as follows: Order denying petitioner’s motion to compel the board of elections to print petitioner’s name on the official Democratic primary ballot for the office of sheriff of Queens county, and restraining the board of elections from printing, distributing and using in the Democratic primaries any ballots not containing the name of petitioner as a candidate for such office, affirmed, without costs. No opinion. Motion for leave to appeal to the Court of Appeals granted. Lazansky, P. J., Hagarty, Johnston and Close, JJ., concur.

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The parties having agreed in open court that this appeal may be decided by a court of four justices, the decision is as follows: Order denying petitioner’s motion to compel the board of elections to print petitioner’s name on the official Democratic primary ballot for the office of sheriff of Queens county, and restraining the board of elections from printing, distributing and using in the Democratic primaries any ballots not containing the name of petitioner as a candidate for such office, affirmed, without costs. No opinion. Motion for leave to appeal to the Court of Appeals granted. Lazansky, P. J., Hagarty, Johnston and Close, JJ., concur.

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Bluebook (online)

260 A.D. 804, 22 N.Y.S.2d 527, 1940 N.Y. App. Div. LEXIS 4731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzgerald-v-cohen-nyappdiv-1940.