Matter of Becker v. . Boyle

New York Court of Appeals

Matter of Becker v. . Boyle

117 N.E. 610, 221 N.Y. 681, 1917 N.Y. LEXIS 1555

CourtNew York Court of Appeals

DecidedOctober 31, 1917

StatusPublished

Cited by2 cases

This text of 117 N.E. 610 (Matter of Becker v. . Boyle) 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.

Bluebook

Matter of Becker v. . Boyle, 117 N.E. 610, 221 N.Y. 681, 1917 N.Y. LEXIS 1555 (N.Y. 1917).

Pincite

Opinion

Per Curiam.

This appeal involves consideration of an application made by the petitioner for mandamus *683 requiring the respondents as a board of elections to place his name as that of an independent candidate for the office of county clerk of Queens county upon the ballot at the coming election. Relator's application is based upon the claim that the provisions of section 1, article 10, and section 3, article 12, of the Constitution require the election of county clerk in the county of Queens this year. Unless he is right in this contention his application has properly been denied.

Concededly, these provisions of the Constitution by their express terms are not applicable to the county of Queens and do not require that the office of county clerk therein should be filled at the coming election. We have no power to so extend by a process of construction the plain meaning of the provisions of the Constitution as to make them applicable to the selection of a county clerk in that county and we think, therefore, that the application has been properly denied, and the order appealed from should be affirmed, with costs.

Hiscock, Ch. J., Collin, Cuddeback, Hogan, Pound, McLaughlin and Andrews, JJ., concur.

Order affirmed.

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Per Curiam.

This appeal involves consideration of an application made by the petitioner for mandamus *683 requiring the respondents as a board of elections to place his name as that of an independent candidate for the office of county clerk of Queens county upon the ballot at the coming election. Relator's application is based upon the claim that the provisions of section 1, article 10, and section 3, article 12, of the Constitution require the election of county clerk in the county of Queens this year. Unless he is right in this contention his application has properly been denied.

Concededly, these provisions of the Constitution by their express terms are not applicable to the county of Queens and do not require that the office of county clerk therein should be filled at the coming election. We have no power to so extend by a process of construction the plain meaning of the provisions of the Constitution as to make them applicable to the selection of a county clerk in that county and we think, therefore, that the application has been properly denied, and the order appealed from should be affirmed, with costs.

Hiscock, Ch. J., Collin, Cuddeback, Hogan, Pound, McLaughlin and Andrews, JJ., concur.

Order affirmed.

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Bluebook (online)

117 N.E. 610, 221 N.Y. 681, 1917 N.Y. LEXIS 1555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-becker-v-boyle-ny-1917.

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