Home/New York Court of Appeals/MATTER OF WEILL v. Erickson

MATTER OF WEILL v. Erickson

340 N.E.2d 473, 37 N.Y.2d 851, 378 N.Y.S.2d 39, 1975 N.Y. LEXIS 2232
CourtNew York Court of Appeals
DecidedOctober 17, 1975
StatusPublished
Cited by10 cases

This text of 340 N.E.2d 473 (MATTER OF WEILL v. Erickson) 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 WEILL v. Erickson, 340 N.E.2d 473, 37 N.Y.2d 851, 378 N.Y.S.2d 39, 1975 N.Y. LEXIS 2232 (N.Y. 1975).

Opinion

Per Curiam.

This proceeding was brought pursuant to subdivision 2 of section 330 of the Election Law to invalidate the Democratic Party primary election held on September 9, 1975 for five public offices of Member of City Council of the City of Long Beach.

On the basis of the analysis of the distribution of votes, valid and invalid, among the election districts and the candidates, furnished the court by the parties, appellant Weill has not carried the burden of establishing as a matter of law her entitlement to the relief she seeks. Accordingly, on this appeal, the order of the Appellate Division should be affirmed.

The appeal taken by respondents Leslie, Sabbeth and Erickson should be dismissed. None is aggrieved by the modification at the Appellate Division (CPLR 5601, subd [a], par [iii]). Indeed, none is an aggrieved party (CPLR 5511).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Fuchsberg and Cooke concur in Per Curiam opinion; Judge Wachtler taking no part.

On petitioner’s appeal: Order affirmed, without costs.

On respondents’ appeal: Appeal dismissed, without costs.

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

Related

ANGLETTI, FRANCIS J. v. MORREALE, MARCUS
Appellate Division of the Supreme Court of New York, 2015
Streng v. Westchester County Board of Elections
131 A.D.3d 652 (Appellate Division of the Supreme Court of New York, 2015)
Angletti v. Morreale
131 A.D.3d 808 (Appellate Division of the Supreme Court of New York, 2015)
May v. Daly
254 A.D.2d 688 (Appellate Division of the Supreme Court of New York, 1998)
Corpuel v. Galasso
240 A.D.2d 531 (Appellate Division of the Supreme Court of New York, 1997)
Flannery v. General Motors Corp.
214 A.D.2d 497 (Appellate Division of the Supreme Court of New York, 1995)
City of New York v. Wall Street Racquet Club, Inc.
136 Misc. 2d 405 (Civil Court of the City of New York, 1987)
Department of Housing Preservation & Development v. Arick
131 Misc. 2d 950 (Civil Court of the City of New York, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
340 N.E.2d 473, 37 N.Y.2d 851, 378 N.Y.S.2d 39, 1975 N.Y. LEXIS 2232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-weill-v-erickson-ny-1975.