Immoor v. Seletsky

Appellate Division of the Supreme Court of New York

Immoor v. Seletsky

59 A.D.2d 596, 397 N.Y.S.2d 470, 1977 N.Y. App. Div. LEXIS 13395

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

DecidedAugust 17, 1977

StatusPublished

This text of 59 A.D.2d 596 (Immoor v. Seletsky) 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

Immoor v. Seletsky, 59 A.D.2d 596, 397 N.Y.S.2d 470, 1977 N.Y. App. Div. LEXIS 13395 (N.Y. Ct. App. 1977).

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Opinion

Appeal from a judgment of the Supreme Court at Special Term, entered August 13, 1977 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to the Election Law, seeking to declare invalid and unconstitutional the rules of the Town of Callicoon Republican Committee governing the holding of unofficial primaries. Insofar as the rules and past practices of the Town of Callicoon Republican Committee preclude a candidate from proceeding by designating petition to obtain a position on the ballot (Election Law, §§ 103, 134), they are inconsistent with the spirit and intent of the Election Law. Here, petitioner has obtained designating petitions that contain more than the requisite number of signatures (Election Law, § 136, subd 6), and the validity of these petitions has not been challenged. Accordingly, petitioner is entitled to have his name placed on the printed ballot to be used in the unofficial primary of the Republican Party in the Town of Callicoon to be held on August 19, 1977. Judgment reversed, on the law, without costs, and respondents directed to [597]*597place petitioner’s name on the ballot. Greenblott, J. P., Sweeney, Mahoney and Larkin, JJ., concur.

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Appeal from a judgment of the Supreme Court at Special Term, entered August 13, 1977 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to the Election Law, seeking to declare invalid and unconstitutional the rules of the Town of Callicoon Republican Committee governing the holding of unofficial primaries. Insofar as the rules and past practices of the Town of Callicoon Republican Committee preclude a candidate from proceeding by designating petition to obtain a position on the ballot (Election Law, §§ 103, 134), they are inconsistent with the spirit and intent of the Election Law. Here, petitioner has obtained designating petitions that contain more than the requisite number of signatures (Election Law, § 136, subd 6), and the validity of these petitions has not been challenged. Accordingly, petitioner is entitled to have his name placed on the printed ballot to be used in the unofficial primary of the Republican Party in the Town of Callicoon to be held on August 19, 1977. Judgment reversed, on the law, without costs, and respondents directed to [597]*597place petitioner’s name on the ballot. Greenblott, J. P., Sweeney, Mahoney and Larkin, JJ., concur.

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Bluebook (online)

59 A.D.2d 596, 397 N.Y.S.2d 470, 1977 N.Y. App. Div. LEXIS 13395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/immoor-v-seletsky-nyappdiv-1977.