In re Hylan

Appellate Division of the Supreme Court of New York

In re Hylan

242 A.D. 260, 275 N.Y.S. 522, 1934 N.Y. App. Div. LEXIS 6041

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

DecidedOctober 29, 1934

StatusPublished

Cited by1 cases

This text of 242 A.D. 260 (In re Hylan) 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 Hylan, 242 A.D. 260, 275 N.Y.S. 522, 1934 N.Y. App. Div. LEXIS 6041 (N.Y. Ct. App. 1934).

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Opinion

Rhodes, McNamee, Crapser and Bliss, JJ., concur; Hill, P. J.,

dissents and votes to reverse the orders upon the ground that the court should have directed the objectors to furnish the proponents of the nominating petition with a bill of particulars to permit preparation for the trial; and upon the further ground that illegal evidence was received and considered by the court. The witness Finn, election commissioner of Clinton county, was not the legal custodian of the registry lists between the completion thereof and election day. (Election Law, § 181.)

Twenty-four thousand electors of New York State have attempted to place a ticket in nomination. Their expressed desires should not be thwarted upon technical grounds.

Orders affirmed.

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Rhodes, McNamee, Crapser and Bliss, JJ., concur; Hill, P. J.,

dissents and votes to reverse the orders upon the ground that the court should have directed the objectors to furnish the proponents of the nominating petition with a bill of particulars to permit preparation for the trial; and upon the further ground that illegal evidence was received and considered by the court. The witness Finn, election commissioner of Clinton county, was not the legal custodian of the registry lists between the completion thereof and election day. (Election Law, § 181.)

Twenty-four thousand electors of New York State have attempted to place a ticket in nomination. Their expressed desires should not be thwarted upon technical grounds.

Orders affirmed.

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Bluebook (online)

242 A.D. 260, 275 N.Y.S. 522, 1934 N.Y. App. Div. LEXIS 6041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hylan-nyappdiv-1934.

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