Miraglia v. Cohen

Appellate Division of the Supreme Court of New York

Miraglia v. Cohen

259 A.D. 744, 19 N.Y.S.2d 313, 1940 N.Y. App. Div. LEXIS 6503

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 25, 1940

StatusPublished

This text of 259 A.D. 744 (Miraglia v. Cohen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miraglia v. Cohen, 259 A.D. 744, 19 N.Y.S.2d 313, 1940 N.Y. App. Div. LEXIS 6503 (N.Y. Ct. App. 1940).

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Opinion

Order affirmed, without costs. No ooinion. Hagarty, Adel and Taylor, JJ., concur; Lazansky, P. J., and Close, J:, dissent and vote to reverse the order and grant the application on the ground no fraud is involved. The alterations were made before authentication and, as a result, concededly conformed Assembly and election districts to the districts in which the electors actually resided, as set forth in the nominating petitions. The mistake was palpable and under the circumstances the making of the alterations should not defeat the electors’ selections.

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Order affirmed, without costs. No ooinion. Hagarty, Adel and Taylor, JJ., concur; Lazansky, P. J., and Close, J:, dissent and vote to reverse the order and grant the application on the ground no fraud is involved. The alterations were made before authentication and, as a result, concededly conformed Assembly and election districts to the districts in which the electors actually resided, as set forth in the nominating petitions. The mistake was palpable and under the circumstances the making of the alterations should not defeat the electors’ selections.

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Bluebook (online)

259 A.D. 744, 19 N.Y.S.2d 313, 1940 N.Y. App. Div. LEXIS 6503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miraglia-v-cohen-nyappdiv-1940.