Reidy v. City of Syracuse

Appellate Division of the Supreme Court of New York

Reidy v. City of Syracuse

252 A.D. 838, 299 N.Y.S. 122, 1937 N.Y. App. Div. LEXIS 6419

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

DecidedOctober 6, 1937

StatusPublished

Cited by1 cases

This text of 252 A.D. 838 (Reidy v. City of Syracuse) 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.

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Reidy v. City of Syracuse, 252 A.D. 838, 299 N.Y.S. 122, 1937 N.Y. App. Div. LEXIS 6419 (N.Y. Ct. App. 1937).

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Opinion

Order affirmed, without costs on this appeal to either party. Memorandum: A provision of the Election Law requires the common council of the city of Syracuse, among others, to state its reasons for not designating as a polling place in an election district a school or other public building when such building is located within the boundaries of such election district. We hold that this provision of the statute is directory and that failure to comply therewith in the ordinance adopted by the city council of the city of Syracuse on August 17,1937, designating polling places in such city does not invalidate the ordinance or any part thereof. Therefore, the plaintiff is not entitled to restrain acts necessary to make the ordinance effective. All concur, Sears, P. J., not voting. (The order denies a motion for a temporary injunction.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Cunningham, JJ. [164 Misc. 656.]

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Order affirmed, without costs on this appeal to either party. Memorandum: A provision of the Election Law requires the common council of the city of Syracuse, among others, to state its reasons for not designating as a polling place in an election district a school or other public building when such building is located within the boundaries of such election district. We hold that this provision of the statute is directory and that failure to comply therewith in the ordinance adopted by the city council of the city of Syracuse on August 17,1937, designating polling places in such city does not invalidate the ordinance or any part thereof. Therefore, the plaintiff is not entitled to restrain acts necessary to make the ordinance effective. All concur, Sears, P. J., not voting. (The order denies a motion for a temporary injunction.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Cunningham, JJ. [164 Misc. 656.]

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252 A.D. 838, 299 N.Y.S. 122, 1937 N.Y. App. Div. LEXIS 6419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reidy-v-city-of-syracuse-nyappdiv-1937.

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