Longhway v. Hall

Appellate Division of the Supreme Court of New York

Longhway v. Hall

262 A.D. 955, 30 N.Y.S.2d 304, 1941 N.Y. App. Div. LEXIS 6614

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

DecidedAugust 20, 1941

StatusPublished

This text of 262 A.D. 955 (Longhway v. Hall) 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

Longhway v. Hall, 262 A.D. 955, 30 N.Y.S.2d 304, 1941 N.Y. App. Div. LEXIS 6614 (N.Y. Ct. App. 1941).

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Opinion

Order reversed on the law, without costs, and proceeding dismissed, without costs. All concur, except Harris, J., who dissents and votes for affirmance of the order on the ground that in using the words “ when a vacancy shall occur otherwise than by expiration of term,” the Legislature meant that the vacancy which is to be filled by election as provided by section 7 of Oswego City Court Act [Laws of 1933, chap. 747] is a vacancy consisting of the unexpired portion of the term of four years. (The order directs the Oswego city clerk to file with the Oswego county board of elections a certificate certifying that the office of city judge of Oswego should be voted for at the November 4, 1941, general election in a proceeding under article 78 of the Civil Practice Act.) Present — Crosby, P. J., Cunningham, Taylor, Harris and MeCurn, JJ.

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Order reversed on the law, without costs, and proceeding dismissed, without costs. All concur, except Harris, J., who dissents and votes for affirmance of the order on the ground that in using the words “ when a vacancy shall occur otherwise than by expiration of term,” the Legislature meant that the vacancy which is to be filled by election as provided by section 7 of Oswego City Court Act [Laws of 1933, chap. 747] is a vacancy consisting of the unexpired portion of the term of four years. (The order directs the Oswego city clerk to file with the Oswego county board of elections a certificate certifying that the office of city judge of Oswego should be voted for at the November 4, 1941, general election in a proceeding under article 78 of the Civil Practice Act.) Present — Crosby, P. J., Cunningham, Taylor, Harris and MeCurn, JJ.

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Bluebook (online)

262 A.D. 955, 30 N.Y.S.2d 304, 1941 N.Y. App. Div. LEXIS 6614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/longhway-v-hall-nyappdiv-1941.