Roman v. Power

New York Court of Appeals

Roman v. Power

177 N.E.2d 447, 10 N.Y.2d 793

CourtNew York Court of Appeals

DecidedSeptember 2, 1961

StatusPublished

Cited by2 cases

This text of 177 N.E.2d 447 (Roman v. Power) 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

Roman v. Power, 177 N.E.2d 447, 10 N.Y.2d 793 (N.Y. 1961).

Pincite

Opinion

Order affirmed, without costs. We hold contrary to the holding of the Appellate Division herein that a Committee on Vacancies is not a necessary party in a proceeding such as this. Ordinarily the proceeding would, accordingly, be remanded to Special Term to pass upon the merits but such remand is unnecessary here since the issue tendered has already been disposed of in Matter of Chance v. Power (10 N Y 2d 792), decided herewith. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Van Voorhis, Burke, Bergan

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Order affirmed, without costs. We hold contrary to the holding of the Appellate Division herein that a Committee on Vacancies is not a necessary party in a proceeding such as this. Ordinarily the proceeding would, accordingly, be remanded to Special Term to pass upon the merits but such remand is unnecessary here since the issue tendered has already been disposed of in Matter of Chance v. Power (10 N Y 2d 792), decided herewith. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Van Voorhis, Burke, Bergan

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Bluebook (online)

177 N.E.2d 447, 10 N.Y.2d 793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roman-v-power-ny-1961.

Opinion

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