Moses v. Lee

Appellate Division of the Supreme Court of New York

Moses v. Lee

44 A.D.2d 829, 355 N.Y.S.2d 168, 1974 N.Y. App. Div. LEXIS 5102

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

DecidedMay 6, 1974

StatusPublished

Cited by1 cases

This text of 44 A.D.2d 829 (Moses v. Lee) 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

Moses v. Lee, 44 A.D.2d 829, 355 N.Y.S.2d 168, 1974 N.Y. App. Div. LEXIS 5102 (N.Y. Ct. App. 1974).

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Opinion

Proceeding pursuant to section 330 of the Election Law to validate a petition designating petitioner, Joe E. Moses, as the candidate of the People’s Choice Independent Party for the public office of City Court Judge of the City of Long Beach. Upon a prior appeal in this proceeding, from a judgment of the Supreme Court, Nassau County, entered October 18, 1973, this court reversed that judgment and remanded the proceeding to Special Term for a new hearing upon certain issues (Moses v. Lee, 42 A D 2d 992). Such new hearing has been held and a new judgment has been entered by the same court on November 5, 1973, dismissing the proceeding, from which latter judgment the instant, appeal was taken. Judgment affirmed, without costs. Petitioner is attempting to set aside the November, 1973 election for City Court Judge of the City of Long Beach and we simply have no power to do so under section 330 of the Election Law. As stated in Matter of Hanley v. Greaser (31 Mise 2d 1069, 1070), “ true it is that this court has power to order a new primary election but nowhere in the statute or case law can authority be found which empowers us to void a general election and direct the holding of a new one ”. Martuscello, Acting P. J., Christ, Brennan, Benjamin and Munder, JJ., concur.

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Proceeding pursuant to section 330 of the Election Law to validate a petition designating petitioner, Joe E. Moses, as the candidate of the People’s Choice Independent Party for the public office of City Court Judge of the City of Long Beach. Upon a prior appeal in this proceeding, from a judgment of the Supreme Court, Nassau County, entered October 18, 1973, this court reversed that judgment and remanded the proceeding to Special Term for a new hearing upon certain issues (Moses v. Lee, 42 A D 2d 992). Such new hearing has been held and a new judgment has been entered by the same court on November 5, 1973, dismissing the proceeding, from which latter judgment the instant, appeal was taken. Judgment affirmed, without costs. Petitioner is attempting to set aside the November, 1973 election for City Court Judge of the City of Long Beach and we simply have no power to do so under section 330 of the Election Law. As stated in Matter of Hanley v. Greaser (31 Mise 2d 1069, 1070), “ true it is that this court has power to order a new primary election but nowhere in the statute or case law can authority be found which empowers us to void a general election and direct the holding of a new one ”. Martuscello, Acting P. J., Christ, Brennan, Benjamin and Munder, JJ., concur.

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Bluebook (online)

44 A.D.2d 829, 355 N.Y.S.2d 168, 1974 N.Y. App. Div. LEXIS 5102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moses-v-lee-nyappdiv-1974.

Opinion

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