Silver v. Feuer

New York Court of Appeals

Silver v. Feuer

320 N.E.2d 652, 35 N.Y.2d 758, 361 N.Y.S.2d 920, 1974 N.Y. LEXIS 1242

CourtNew York Court of Appeals

DecidedOctober 25, 1974

StatusPublished

Cited by3 cases

This text of 320 N.E.2d 652 (Silver v. Feuer) 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

Silver v. Feuer, 320 N.E.2d 652, 35 N.Y.2d 758, 361 N.Y.S.2d 920, 1974 N.Y. LEXIS 1242 (N.Y. 1974).

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Opinion

[760]*760Order affirmed, without costs* on the majority memorandum at the Appellate Division stressing the probabilities in a field of six candidates (see Matter of Ippolito v. Power, 22 N Y 2d 594, involving but two candidates). It is not necessary, therefore, to reach the issue considered by the dissenter at the Appellate Division, namely, whether a new primary election, judicially directed, may be limited to exclude some regularly designated candidates. The Daubner case (Matter of Daubner v. Dinkins, 33 N Y 2d 649) would not be dispositive of the issue since it was not frontally raised there in the Court of Appeals (cf. Matter of Santucci v. Power, 25 N Y 2d 897).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielh, Jones, "Waghtler and Babin. Taking no part: Judge Stevens.

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[760]*760Order affirmed, without costs* on the majority memorandum at the Appellate Division stressing the probabilities in a field of six candidates (see Matter of Ippolito v. Power, 22 N Y 2d 594, involving but two candidates). It is not necessary, therefore, to reach the issue considered by the dissenter at the Appellate Division, namely, whether a new primary election, judicially directed, may be limited to exclude some regularly designated candidates. The Daubner case (Matter of Daubner v. Dinkins, 33 N Y 2d 649) would not be dispositive of the issue since it was not frontally raised there in the Court of Appeals (cf. Matter of Santucci v. Power, 25 N Y 2d 897).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielh, Jones, "Waghtler and Babin. Taking no part: Judge Stevens.

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Bluebook (online)

320 N.E.2d 652, 35 N.Y.2d 758, 361 N.Y.S.2d 920, 1974 N.Y. LEXIS 1242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silver-v-feuer-ny-1974.

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