Kelly v. Cohen

Appellate Division of the Supreme Court of New York

Kelly v. Cohen

255 A.D. 787, 7 N.Y.S.2d 63, 1938 N.Y. App. Div. LEXIS 5322

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

DecidedOctober 13, 1938

StatusPublished

Cited by5 cases

This text of 255 A.D. 787 (Kelly v. Cohen) 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

Kelly v. Cohen, 255 A.D. 787, 7 N.Y.S.2d 63, 1938 N.Y. App. Div. LEXIS 5322 (N.Y. Ct. App. 1938).

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Opinion

Order denying motion for a judicial recanvass, review and recount of all the ballots cast at the primary election for the office of member of the State committee for the Democratic party in the seventeenth Assembly district, Kings county, reversed on the law and the facts, and motion granted, upon the deposit of $360 with the board of elections to cover expense necessitated. The prima facie showing of irregularities, whether innocent or not, require, in view of the closeness of the vote, a full exercise of the plenary power of the court under section 330 of the Election Law. (Matter of Devine v. Osmann, 275 N. Y. 423; Matter of Holley [Rittenberg], 268 id. 484.) Honorable Isaac M. Kapper, official referee, is designated to conduct the recount. Lazansky, P. J., Carswell, Davis, Adel and Close, JJ., concur. Settle order forthwith before Mr. Justice Carswell.

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Order denying motion for a judicial recanvass, review and recount of all the ballots cast at the primary election for the office of member of the State committee for the Democratic party in the seventeenth Assembly district, Kings county, reversed on the law and the facts, and motion granted, upon the deposit of $360 with the board of elections to cover expense necessitated. The prima facie showing of irregularities, whether innocent or not, require, in view of the closeness of the vote, a full exercise of the plenary power of the court under section 330 of the Election Law. (Matter of Devine v. Osmann, 275 N. Y. 423; Matter of Holley [Rittenberg], 268 id. 484.) Honorable Isaac M. Kapper, official referee, is designated to conduct the recount. Lazansky, P. J., Carswell, Davis, Adel and Close, JJ., concur. Settle order forthwith before Mr. Justice Carswell.

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Bluebook (online)

255 A.D. 787, 7 N.Y.S.2d 63, 1938 N.Y. App. Div. LEXIS 5322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-cohen-nyappdiv-1938.

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