Richter v. Thaler

Appellate Division of the Supreme Court of New York

Richter v. Thaler

15 A.D.2d 803, 225 N.Y.S.2d 191, 1962 N.Y. App. Div. LEXIS 11566

Appellate Division of the Supreme Court of the State of New York·Decided February 14, 1962·Published

Opinion

In our opinion, the failure to comply with the statute is fatal; such failure renders the petition a nullity. Ughetta, Kleinfeld and Hill, JJ., concur; Beldock, P. J., and Christ, J., dissent and vote to affirm the order with the following memorandum: It was within the discretion of the signers of the nominating petition to name a committee on vacancies. In the event they elected to do so, then such committee was required to be named in the form prescribed by the statute (Election Law, § 138). The failure to make such election, however, and the consequent omission to name a committee on vacancies, did not serve to invalidate the nominating petition (cf. Matter of Brennan v. Power, 307 N. Y. 818).

Free access — add to your briefcase to read the full text and ask questions with AI

In our opinion, the failure to comply with the statute is fatal; such failure renders the petition a nullity. Ughetta, Kleinfeld and Hill, JJ., concur; Beldock, P. J., and Christ, J., dissent and vote to affirm the order with the following memorandum: It was within the discretion of the signers of the nominating petition to name a committee on vacancies. In the event they elected to do so, then such committee was required to be named in the form prescribed by the statute (Election Law, § 138). The failure to make such election, however, and the consequent omission to name a committee on vacancies, did not serve to invalidate the nominating petition (cf. Matter of Brennan v. Power, 307 N. Y. 818).

Richter v. Thaler, 15 A.D.2d 803, 225 N.Y.S.2d 191, 1962 N.Y. App. Div. LEXIS 11566 (N.Y. Ct. App. 1962).

Pincite

15 A.D.2d 803 (Richter v. Thaler) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related