Rosenbaum v. Power

Appellate Division of the Supreme Court of New York

Rosenbaum v. Power

28 A.D.2d 662, 282 N.Y.S.2d 437, 1967 N.Y. App. Div. LEXIS 3945

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

DecidedJune 13, 1967

StatusPublished

Cited by1 cases

This text of 28 A.D.2d 662 (Rosenbaum 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.

Bluebook

Rosenbaum v. Power, 28 A.D.2d 662, 282 N.Y.S.2d 437, 1967 N.Y. App. Div. LEXIS 3945 (N.Y. Ct. App. 1967).

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Opinion

Concur — Eager, Steuer and MeGivern, JJ.; Stevens, J. P., and McNally, J., dissent and vote to reverse in the following memorandum by McNally, J.: I dissent, and would hold the designation of Sharon Doyle Spring as a substitute candidate for female district leader to be invalid. The prior declination of Sharon Doyle Spring before the invalidation of her petition in respect of the same party position disqualifies her from being substituted. “ ‘ The Election Law plainly contemplates that the candidate designated to fill a vacancy shall be a person other than the person originally named.’ ” (Matter of Garfinkel v. Power, 208 Misc. 719, 720, affd. 286 App. Div. 957, affd. 309 N. Y. 779; Matter of Nestler v. Cohen, 242 App. Div. 726.)

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Concur — Eager, Steuer and MeGivern, JJ.; Stevens, J. P., and McNally, J., dissent and vote to reverse in the following memorandum by McNally, J.: I dissent, and would hold the designation of Sharon Doyle Spring as a substitute candidate for female district leader to be invalid. The prior declination of Sharon Doyle Spring before the invalidation of her petition in respect of the same party position disqualifies her from being substituted. “ ‘ The Election Law plainly contemplates that the candidate designated to fill a vacancy shall be a person other than the person originally named.’ ” (Matter of Garfinkel v. Power, 208 Misc. 719, 720, affd. 286 App. Div. 957, affd. 309 N. Y. 779; Matter of Nestler v. Cohen, 242 App. Div. 726.)

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Bluebook (online)

28 A.D.2d 662, 282 N.Y.S.2d 437, 1967 N.Y. App. Div. LEXIS 3945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenbaum-v-power-nyappdiv-1967.

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