In re Candidates For Member of Assembly In Thirty-second Assembly District

Appellate Division of the Supreme Court of New York

In re Candidates For Member of Assembly In Thirty-second Assembly District

95 N.Y.S. 616

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

DecidedNovember 2, 1905

StatusPublished

This text of 95 N.Y.S. 616 (In re Candidates For Member of Assembly In Thirty-second Assembly District) 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

In re Candidates For Member of Assembly In Thirty-second Assembly District, 95 N.Y.S. 616 (N.Y. Ct. App. 1905).

Pincite

Opinion

PER CURIAM.

There is a conflict in the affidavits as to whether any objections were filed with the board of election. It is conceded that no hearing was had or determination made on any objections by the board of election. The power of a judge of the Supreme Court or of the court is limited to a review of a decision of the election board by section 56 of the election law (Laws 1896, p. 922, c. 909). There being no determination made by the board of election on written objections filed as prescribed by the statute, there was nothing for the court or a judge thereof to review.

The order must be affirmed.

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PER CURIAM.

There is a conflict in the affidavits as to whether any objections were filed with the board of election. It is conceded that no hearing was had or determination made on any objections by the board of election. The power of a judge of the Supreme Court or of the court is limited to a review of a decision of the election board by section 56 of the election law (Laws 1896, p. 922, c. 909). There being no determination made by the board of election on written objections filed as prescribed by the statute, there was nothing for the court or a judge thereof to review.

The order must be affirmed.

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Bluebook (online)

95 N.Y.S. 616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-candidates-for-member-of-assembly-in-thirty-second-assembly-district-nyappdiv-1905.