Johnson v. Meisser

Appellate Division of the Supreme Court of New York

Johnson v. Meisser

24 A.D.2d 719, 263 N.Y.S.2d 301, 1965 N.Y. App. Div. LEXIS 3426

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

DecidedSeptember 8, 1965

StatusPublished

Cited by1 cases

This text of 24 A.D.2d 719 (Johnson v. Meisser) 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

Johnson v. Meisser, 24 A.D.2d 719, 263 N.Y.S.2d 301, 1965 N.Y. App. Div. LEXIS 3426 (N.Y. Ct. App. 1965).

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Opinion

In a proceeding under section 330 of the Election Law, to declare valid a petition designating the petitioner as a candidate for County Committeeman of the Republican party in the primary election to be held September 14, 1965 in the County of Nassau, the petitioner appeals from a judgment of the Supreme Court, Nassau County, entered September 2, 1965, which denied his application. Judgment reversed on the law, without costs, and application granted. While a designating petition must include the designation of a committee to fill vacancies (Election Law, § 138; Matter of Richter v. Thaler, 11 N Y 2d 722), the inclusion of two persons instead of three persons, as required by section 135 of the Election Law, is not a fatal defect where the question of filling a vacancy did not actually arise (Matter of Brennan v. Power, 307 N. Y. 818; Matter of Pabian v. McNab, 3 N Y 2d 888). Beldock, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.

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In a proceeding under section 330 of the Election Law, to declare valid a petition designating the petitioner as a candidate for County Committeeman of the Republican party in the primary election to be held September 14, 1965 in the County of Nassau, the petitioner appeals from a judgment of the Supreme Court, Nassau County, entered September 2, 1965, which denied his application. Judgment reversed on the law, without costs, and application granted. While a designating petition must include the designation of a committee to fill vacancies (Election Law, § 138; Matter of Richter v. Thaler, 11 N Y 2d 722), the inclusion of two persons instead of three persons, as required by section 135 of the Election Law, is not a fatal defect where the question of filling a vacancy did not actually arise (Matter of Brennan v. Power, 307 N. Y. 818; Matter of Pabian v. McNab, 3 N Y 2d 888). Beldock, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.

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Bluebook (online)

24 A.D.2d 719, 263 N.Y.S.2d 301, 1965 N.Y. App. Div. LEXIS 3426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-meisser-nyappdiv-1965.

Opinion

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