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Matter of Moore v. Walsh

37 N.E.2d 555, 286 N.Y. 552, 1941 N.Y. LEXIS 1408
New York Court of Appeals·Decided October 27, 1941·Published·Cited by 7 cases

Opinions

Per Curiam.

The Election Law (Cons. Laws, ch. 17) is not open to any construction which would permit nominations by independent groups to fill vacancies described in section 131, subdivision 7. Since any statute which provides for an election where only political parties can make nominations is in violation of the State Constitution, the provisions of section 42 of the Public Officers Law (Cons. Laws, ch. 47) are to that extent void. (Matter of Burke v. Terry, 203 N. Y. 293.) It follows that no election for the office of Comptroller can be held this year.

The order should be affirmed, without costs.

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Matter of Moore v. Walsh, 37 N.E.2d 555, 286 N.Y. 552, 1941 N.Y. LEXIS 1408 (N.Y. 1941).

37 N.E.2d 555 (Matter of Moore v. Walsh) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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