MATTER OF TRICARIO v. Power

New York Court of Appeals

MATTER OF TRICARIO v. Power

192 N.E.2d 729, 13 N.Y.2d 886

New York Court of Appeals·Decided August 30, 1963·Published

Opinion

Order affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke and Scileppi. Judges Van Voobhis and Foster dissent as to Jacqueline Foster Herring only and vote as to her to reverse the order of the Appellate Division and to reinstate the order of Special Term. Section 138-a of the Election Law does not relate to surnames and paragraph (3) of subdivision 2 of section 412 of the Election Law contemplates that a married woman must go either under her maiden name or her married name and not use these interchangeably in situations of this nature. Interchanging these names may frustrate the purpose of section 135 of the Election Law.

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Order affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke and Scileppi. Judges Van Voobhis and Foster dissent as to Jacqueline Foster Herring only and vote as to her to reverse the order of the Appellate Division and to reinstate the order of Special Term. Section 138-a of the Election Law does not relate to surnames and paragraph (3) of subdivision 2 of section 412 of the Election Law contemplates that a married woman must go either under her maiden name or her married name and not use these interchangeably in situations of this nature. Interchanging these names may frustrate the purpose of section 135 of the Election Law.

MATTER OF TRICARIO v. Power, 192 N.E.2d 729, 13 N.Y.2d 886 (N.Y. 1963).

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192 N.E.2d 729 (MATTER OF TRICARIO v. Power) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.