Matter of Burke v. Cohen
This text of 192 N.E. 296 (Matter of Burke v. Cohen) 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.
Opinion
In the light of fuller experience the distinction drawn by this court in People ex rel. Ward v. Scheu (167 N. Y. 292) between vacancies in offices created by the Constitution and vacancies in other city offices has proven impracticable. Inroads into the rule of that case create constant doubt. We now hold that article X, section 5, of the Constitution applies to all elective city offices.
The order should be affirmed without costs.
Pound, Ch. J., Crane, Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ., concur.
Order affirmed.
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Cite This Page — Counsel Stack
192 N.E. 296, 265 N.Y. 210, 1934 N.Y. LEXIS 1017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-burke-v-cohen-ny-1934.