Matter of Orange v. Cohen

New York Court of Appeals

Matter of Orange v. Cohen

198 N.E. 231, 268 N.Y. 481, 1935 N.Y. LEXIS 963

CourtNew York Court of Appeals

DecidedOctober 22, 1935

StatusPublished

Cited by6 cases

This text of 198 N.E. 231 (Matter of Orange 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.

Bluebook

Matter of Orange v. Cohen, 198 N.E. 231, 268 N.Y. 481, 1935 N.Y. LEXIS 963 (N.Y. 1935).

Pincite

Opinion

Per Curiam.

The petition filed for the independent nomination of petitioner was filed within the time allowed by law. Thereafter it was discovered that the authentications were defective because the authenticating witnesses failed to state that they were duly qualified voters at the last election and set forth the places from which they voted, as required by the amendment of section 135 of the Election Law (Cons. Law, ch. 17) enacted in 1935 (Ch. 955, § 6). Before the expiration of the time fixed by law for the filing of petitions for independent nominations the authenticating witnesses filed with the Board of Elections new affidavits, correct in form and which complied with section 135 as amended. We have reached the conclusion that the Special Term was justified in deciding that the filing of the new affidavits corrected the error, and that the petitions and new affidavits should be treated as re-filed. Matter of Dorsey v. Cohen (268 N. Y. 620, decided on September 9, 1935) is not in conflict, as in that case the affidavits were not corrected.

The order of the Appellate Division should be reversed and that of the Special Term affirmed, without costs.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Lotjghran and Finch, JJ., concur; Crouch, J., not sitting.

Ordered accordingly.

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

Per Curiam.

The petition filed for the independent nomination of petitioner was filed within the time allowed by law. Thereafter it was discovered that the authentications were defective because the authenticating witnesses failed to state that they were duly qualified voters at the last election and set forth the places from which they voted, as required by the amendment of section 135 of the Election Law (Cons. Law, ch. 17) enacted in 1935 (Ch. 955, § 6). Before the expiration of the time fixed by law for the filing of petitions for independent nominations the authenticating witnesses filed with the Board of Elections new affidavits, correct in form and which complied with section 135 as amended. We have reached the conclusion that the Special Term was justified in deciding that the filing of the new affidavits corrected the error, and that the petitions and new affidavits should be treated as re-filed. Matter of Dorsey v. Cohen (268 N. Y. 620, decided on September 9, 1935) is not in conflict, as in that case the affidavits were not corrected.

The order of the Appellate Division should be reversed and that of the Special Term affirmed, without costs.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Lotjghran and Finch, JJ., concur; Crouch, J., not sitting.

Ordered accordingly.

Cite This Page — Counsel Stack

Bluebook (online)

198 N.E. 231, 268 N.Y. 481, 1935 N.Y. LEXIS 963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-orange-v-cohen-ny-1935.

Opinion

Related

Cite This Page — Counsel Stack