In Re Petition Purporting to Nominate Hylan
This text of 193 N.E. 342 (In Re Petition Purporting to Nominate Hylan) 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.
Opinion
Considering the fact that this is a summary proceeding, where prompt action is necessary, we find no question of law is presented which requires reversal. (Election Law [Cons. Laws, ch. 17], §§ 330, 335.)
The Supreme Court made “ such order as justice may require,” within the contemplation of the Election Law. (§ 330.) To order a new trial at this time for technical errors not affecting substantial rights would be a futility.
The order should be affirmed.
Pound, Ch. J., Crane, O’Brien, Hubbs, Crouch and Loughran, JJ., concur; Lehman, J., not sitting..
Order affirmed.
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Cite This Page — Counsel Stack
193 N.E. 342, 265 N.Y. 607, 1934 N.Y. LEXIS 1206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-petition-purporting-to-nominate-hylan-ny-1934.