Home/New York Court of Appeals/Hunting v. Power

Hunting v. Power

229 N.E.2d 227, 20 N.Y.2d 680, 282 N.Y.S.2d 548, 1967 N.Y. LEXIS 1372
CourtNew York Court of Appeals
DecidedJune 15, 1967
StatusPublished
Cited by45 cases

This text of 229 N.E.2d 227 (Hunting v. Power) 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
Hunting v. Power, 229 N.E.2d 227, 20 N.Y.2d 680, 282 N.Y.S.2d 548, 1967 N.Y. LEXIS 1372 (N.Y. 1967).

Opinion

Order affirmed, without costs, in a memorandum. The evident purpose of section 149 of the Election Law is to dispense with primary balloting when there is a candidate or slate without opposition. Because of the failure of the only pending designation, the court was empowered under section 330 of the Election Law to make an appropriate order as justice required, namely, to direct the board of elections to provide blank ballots in the pending primary, the intention having been manifested to nominate some candidate.

Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Keating and Breitel. Judges Scileppi and Bergan dissent and vote to reverse in the following memorandum:' The statute (Election Law, § 148) lays down specific conditions under which the opportunity to write in the name of a candidate in a primary election is afforded. Concededly, those conditions are not met in this case, and the order is thus without statutory support.

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

Related

Matter of Trevisani v. Karp
2018 NY Slip Op 5966 (Appellate Division of the Supreme Court of New York, 2018)
Griffin v. Torres
131 A.D.3d 631 (Appellate Division of the Supreme Court of New York, 2015)
MatterofSloanvKellner
Appellate Division of the Supreme Court of New York, 2014
Sloan v. Kellner
120 A.D.3d 895 (Appellate Division of the Supreme Court of New York, 2014)
Matter of Stevens v. Collins
120 A.D.3d 696 (Appellate Division of the Supreme Court of New York, 2014)
Hall v. Dussault
109 A.D.3d 679 (Appellate Division of the Supreme Court of New York, 2013)
Landry v. Mansion
65 A.D.3d 803 (Appellate Division of the Supreme Court of New York, 2009)
Tully v. Ketover
10 A.D.3d 436 (Appellate Division of the Supreme Court of New York, 2004)
Green v. DiNapoli
188 Misc. 2d 829 (New York Supreme Court, 2001)
Farrell v. Sunderland
173 Misc. 2d 787 (New York Supreme Court, 1997)
Pasquerella v. Sunderland
207 A.D.2d 761 (Appellate Division of the Supreme Court of New York, 1994)
Bee v. Sabbeth
207 A.D.2d 506 (Appellate Division of the Supreme Court of New York, 1994)
Winn v. Washington County Board of Elections
196 A.D.2d 674 (Appellate Division of the Supreme Court of New York, 1993)
McCall v. Hynes
196 A.D.2d 618 (Appellate Division of the Supreme Court of New York, 1993)
Proud v. Relin
176 A.D.2d 1197 (Appellate Division of the Supreme Court of New York, 1991)
MATTER OF PLUNKETT v. Mahoney
76 N.Y.2d 848 (New York Court of Appeals, 1990)
Plunkett v. Mahoney
164 A.D.2d 976 (Appellate Division of the Supreme Court of New York, 1990)
Harden v. Board of Elections
544 N.E.2d 605 (New York Court of Appeals, 1989)
Del Vecchio v. Pierro
153 A.D.2d 725 (Appellate Division of the Supreme Court of New York, 1989)
Weingarten v. D'Apice
153 A.D.2d 726 (Appellate Division of the Supreme Court of New York, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
229 N.E.2d 227, 20 N.Y.2d 680, 282 N.Y.S.2d 548, 1967 N.Y. LEXIS 1372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunting-v-power-ny-1967.