Jackson v. Mains

Appellate Division of the Supreme Court of New York

Jackson v. Mains

115 A.D.2d 1014, 497 N.Y.S.2d 555, 1985 N.Y. App. Div. LEXIS 55420

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

DecidedDecember 20, 1985

StatusPublished

This text of 115 A.D.2d 1014 (Jackson v. Mains) 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

Jackson v. Mains, 115 A.D.2d 1014, 497 N.Y.S.2d 555, 1985 N.Y. App. Div. LEXIS 55420 (N.Y. Ct. App. 1985).

Pincite

Opinion

unanimously reversed, on the law, without costs, and petition reinstated. Memorandum: Special Term incorrectly concluded that the petition was insufficient. In our view the petition taken as a whole permitted the court to reach the merits. Pleadings should be liberally construed (CPLR 3026; see, H. M. Brown, Inc. v Price, 38 AD2d 680).

Furthermore, it was not necessary for petitioner to object in order to preserve the right for judicial review. Election Law § 16-106 allows a proceeding to protest the actions of the Board for the first time in Supreme Court. (Appeal from order of Supreme Court, Monroe County, Galloway, J.—Election Law.) Present—Doerr, J. P., Green, O’Donnell, Pine and Schnepp, JJ. (Order entered Dec. 13, 1985.)

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unanimously reversed, on the law, without costs, and petition reinstated. Memorandum: Special Term incorrectly concluded that the petition was insufficient. In our view the petition taken as a whole permitted the court to reach the merits. Pleadings should be liberally construed (CPLR 3026; see, H. M. Brown, Inc. v Price, 38 AD2d 680).

Furthermore, it was not necessary for petitioner to object in order to preserve the right for judicial review. Election Law § 16-106 allows a proceeding to protest the actions of the Board for the first time in Supreme Court. (Appeal from order of Supreme Court, Monroe County, Galloway, J.—Election Law.) Present—Doerr, J. P., Green, O’Donnell, Pine and Schnepp, JJ. (Order entered Dec. 13, 1985.)

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Bluebook (online)

115 A.D.2d 1014, 497 N.Y.S.2d 555, 1985 N.Y. App. Div. LEXIS 55420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-mains-nyappdiv-1985.

Opinion

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