Rhatigan v. Power

Appellate Division of the Supreme Court of New York

Rhatigan v. Power

282 A.D. 838, 123 N.Y.S.2d 758, 1953 N.Y. App. Div. LEXIS 5108

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

DecidedSeptember 4, 1953

StatusPublished

Cited by1 cases

This text of 282 A.D. 838 (Rhatigan v. Power) 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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Rhatigan v. Power, 282 A.D. 838, 123 N.Y.S.2d 758, 1953 N.Y. App. Div. LEXIS 5108 (N.Y. Ct. App. 1953).

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Opinion

Order affirmed, without costs. No opinion. Adel, Wenzel and MacCrate, JJ., concur; Nolan, P. J., and Schmidt, J., dissent and vote to reverse, with the following memorandum: Concededly appellant was at the time of his registration and enrollment in 1952 a qualified voter in the district in which he was registered. Consequently, although he may have given erroneous information in connection with his registration, his name was not unlawfully entered on the register and should not have been stricken therefrom pursuant to section 331 of the Election Law. Neither should his enrollment have been cancelled pursuant to section 332. There is no evidence that appellant made any false statement in his declaration pursuant to section 174 of the Election Law, upon which he was enrolled.

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Order affirmed, without costs. No opinion. Adel, Wenzel and MacCrate, JJ., concur; Nolan, P. J., and Schmidt, J., dissent and vote to reverse, with the following memorandum: Concededly appellant was at the time of his registration and enrollment in 1952 a qualified voter in the district in which he was registered. Consequently, although he may have given erroneous information in connection with his registration, his name was not unlawfully entered on the register and should not have been stricken therefrom pursuant to section 331 of the Election Law. Neither should his enrollment have been cancelled pursuant to section 332. There is no evidence that appellant made any false statement in his declaration pursuant to section 174 of the Election Law, upon which he was enrolled.

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Bluebook (online)

282 A.D. 838, 123 N.Y.S.2d 758, 1953 N.Y. App. Div. LEXIS 5108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhatigan-v-power-nyappdiv-1953.

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