Home/New York Court of Appeals/Matter of Moore v. Walsh

Matter of Moore v. Walsh

37 N.E.2d 555, 286 N.Y. 552, 1941 N.Y. LEXIS 1408
CourtNew York Court of Appeals
DecidedOctober 27, 1941
StatusPublished
Cited by7 cases

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

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.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cipolla v. Golisano
643 N.E.2d 514 (New York Court of Appeals, 1994)
Cipolla v. Golisano
208 A.D.2d 1033 (Appellate Division of the Supreme Court of New York, 1994)
In re Orans
47 Misc. 2d 493 (New York Supreme Court, 1965)
Glinski v. Lomenzo
209 N.E.2d 277 (New York Court of Appeals, 1965)
Davis v. Board of Elections
14 Misc. 2d 494 (New York Supreme Court, 1958)
In re Convention Nominations Certified by the American Labor Party
182 Misc. 971 (New York Supreme Court, 1944)
Munsell v. Hennegan
31 A.2d 640 (Court of Appeals of Maryland, 1943)

Cite This Page — Counsel Stack

Bluebook (online)
37 N.E.2d 555, 286 N.Y. 552, 1941 N.Y. LEXIS 1408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-moore-v-walsh-ny-1941.