In re Calvin

Appellate Division of the Supreme Court of New York

In re Calvin

255 A.D. 721, 6 N.Y.S.2d 749, 1938 N.Y. App. Div. LEXIS 4902

Appellate Division of the Supreme Court of the State of New York·Decided September 12, 1938·Published

Opinion

Order affirmed, without costs. No opinion. Carswell, Johnston, Taylor and Close, JJ., concur; Lazansky, P. J., dissents and votes to reverse upon the following ground: Section 11 of the Election Law provides that when any party rule “ provides for the equal representation of sexes from each unit, the designating petitions and primary ballots shall carry such party positions separately by sexes.” The Democratic party has adopted a rule for equal representation of sexes in each unit. The rule was not complied with in this case. A violation makes the petition invalid.

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Order affirmed, without costs. No opinion. Carswell, Johnston, Taylor and Close, JJ., concur; Lazansky, P. J., dissents and votes to reverse upon the following ground: Section 11 of the Election Law provides that when any party rule “ provides for the equal representation of sexes from each unit, the designating petitions and primary ballots shall carry such party positions separately by sexes.” The Democratic party has adopted a rule for equal representation of sexes in each unit. The rule was not complied with in this case. A violation makes the petition invalid.

In re Calvin, 255 A.D. 721, 6 N.Y.S.2d 749, 1938 N.Y. App. Div. LEXIS 4902 (N.Y. Ct. App. 1938).

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