Hottinger v. Coveney

New York Court of Appeals

Hottinger v. Coveney

304 N.E.2d 569, 33 N.Y.2d 742, 349 N.Y.S.2d 1002, 1973 N.Y. LEXIS 984

DecidedOctober 25, 1973

StatusPublished

This text of 304 N.E.2d 569 (Hottinger v. Coveney) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hottinger v. Coveney, 304 N.E.2d 569, 33 N.Y.2d 742, 349 N.Y.S.2d 1002, 1973 N.Y. LEXIS 984 (N.Y. 1973).

Pincite

Opinion

Motion denied. The Board of Elections could have easily complied with the judgment of Special Term, as unanimously affirmed by the Appellate Division, in permitting registration at local polling places rather than at the town halls. It is unfortunate that, in this instance, it chose instead to take advantage of the stays afforded by the CPLR to effectively frustrate petitioner’s ability to have this issue finally determined prior to the forthcoming election-. Given the circumstances of this case and the imminence of that election, the Court of Appeals has no alternative but to deny the relief sought by petitioner.

Concur: Chief Judge Fuld and Judges Bterke, Jasen, Gabrielli, Jones and Wachtler. Taking no part: Judge Breitel.

Free access — add to your briefcase to read the full text and ask questions with AI

Motion denied. The Board of Elections could have easily complied with the judgment of Special Term, as unanimously affirmed by the Appellate Division, in permitting registration at local polling places rather than at the town halls. It is unfortunate that, in this instance, it chose instead to take advantage of the stays afforded by the CPLR to effectively frustrate petitioner’s ability to have this issue finally determined prior to the forthcoming election-. Given the circumstances of this case and the imminence of that election, the Court of Appeals has no alternative but to deny the relief sought by petitioner.

Concur: Chief Judge Fuld and Judges Bterke, Jasen, Gabrielli, Jones and Wachtler. Taking no part: Judge Breitel.

Cite This Page — Counsel Stack

Bluebook (online)

304 N.E.2d 569, 33 N.Y.2d 742, 349 N.Y.S.2d 1002, 1973 N.Y. LEXIS 984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hottinger-v-coveney-ny-1973.