Rosenshein v. Millspaugh

New York Court of Appeals

Rosenshein v. Millspaugh

304 N.E.2d 566, 33 N.Y.2d 727, 349 N.Y.S.2d 997, 1973 N.Y. LEXIS 993

CourtNew York Court of Appeals

DecidedOctober 23, 1973

StatusPublished

Cited by1 cases

This text of 304 N.E.2d 566 (Rosenshein v. Millspaugh) 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

Rosenshein v. Millspaugh, 304 N.E.2d 566, 33 N.Y.2d 727, 349 N.Y.S.2d 997, 1973 N.Y. LEXIS 993 (N.Y. 1973).

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Opinion

In first above-entitled proceeding: Order reversed, without costs, and the judgment of Special Term directing the Board of Elections to accept petitioner’s certificate of designation filed by the People United Party reinstated. The proceeding commenced by the petitioner was timely pursuant to subdivision 2 of section 330 of the Election Law.

In second above-entitled proceeding: Order affirmed, without costs. The Appellate Division improperly dismissed this proceeding for untimeliness since it was timely commenced pursuant to subdivision 2 of section 330 of the Election Law. However, on the merits, we hold that the Committee on Vacancies was properly constituted and the certificate of nomination was valid. Accordingly, the order of the Appellate Division dismissing the proceedings should be affirmed on those grounds.

Concur: Chief Judge Fuld and Judges Búrke, Jasen, Gabrielli, Jones, Wachtler and Shapiro

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In first above-entitled proceeding: Order reversed, without costs, and the judgment of Special Term directing the Board of Elections to accept petitioner’s certificate of designation filed by the People United Party reinstated. The proceeding commenced by the petitioner was timely pursuant to subdivision 2 of section 330 of the Election Law.

In second above-entitled proceeding: Order affirmed, without costs. The Appellate Division improperly dismissed this proceeding for untimeliness since it was timely commenced pursuant to subdivision 2 of section 330 of the Election Law. However, on the merits, we hold that the Committee on Vacancies was properly constituted and the certificate of nomination was valid. Accordingly, the order of the Appellate Division dismissing the proceedings should be affirmed on those grounds.

Concur: Chief Judge Fuld and Judges Búrke, Jasen, Gabrielli, Jones, Wachtler and Shapiro

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Bluebook (online)

304 N.E.2d 566, 33 N.Y.2d 727, 349 N.Y.S.2d 997, 1973 N.Y. LEXIS 993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenshein-v-millspaugh-ny-1973.

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