People Ex Rel. Poinsel v. Dooley

New York Court of Appeals

People Ex Rel. Poinsel v. Dooley

173 N.E. 6, 254 N.Y. 341, 1930 N.Y. LEXIS 1045

DecidedOctober 7, 1930

StatusPublished

This text of 173 N.E. 6 (People Ex Rel. Poinsel v. Dooley) 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

People Ex Rel. Poinsel v. Dooley, 173 N.E. 6, 254 N.Y. 341, 1930 N.Y. LEXIS 1045 (N.Y. 1930).

Pincite

Opinion

Per Curiam.

The Election Law (Cons. Laws, ch. 17, § 41) intends that recognition of the regularity of a faction or section of a party by a State convention, or, in an appropriate case, by the State committee of such party, shall be conclusive upon the appointing officer or board. It does not expressly or by implication give the same force to a certificate of the chairman of the State committee where neither a State convention nor a State committee has previously determined to accord such recognition. In the absence of conclusive proof that the relator is the duly elected chairman of the general committee, no peremptory order can issue.

The order of the Appellate Division and that of the Special Term should be reversed and the petition dismissed.

Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ., concur.

Orders reversed, etc.

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Per Curiam.

The Election Law (Cons. Laws, ch. 17, § 41) intends that recognition of the regularity of a faction or section of a party by a State convention, or, in an appropriate case, by the State committee of such party, shall be conclusive upon the appointing officer or board. It does not expressly or by implication give the same force to a certificate of the chairman of the State committee where neither a State convention nor a State committee has previously determined to accord such recognition. In the absence of conclusive proof that the relator is the duly elected chairman of the general committee, no peremptory order can issue.

The order of the Appellate Division and that of the Special Term should be reversed and the petition dismissed.

Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ., concur.

Orders reversed, etc.

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Bluebook (online)

173 N.E. 6, 254 N.Y. 341, 1930 N.Y. LEXIS 1045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-poinsel-v-dooley-ny-1930.