Stoughton v. Cohen

Appellate Division of the Supreme Court of New York

Stoughton v. Cohen

258 A.D. 746, 15 N.Y.S.2d 262, 1939 N.Y. App. Div. LEXIS 6740

Appellate Division of the Supreme Court of the State of New York·Decided October 26, 1939·Published

Opinion

Appeal from order denying application of petitioner for an order requiring respondents to refrain from taking any proceedings to place upon the ballots or voting machines in the city of New York for the election of November 7, 1939, a proposal to amend article 1, section 9, of the Constitution of the State of New York. Order affirmed, without costs. No opinion. Lazansky, P. J., Johnston and Adel, JJ., concur; Taylor and Close, JJ., dissent and vote to reverse the order and grant the application on the ground that the provisions of the Constitution of the State of New York (art. 19, § 1) are controlling and there has been no compliance with said provisions.

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Appeal from order denying application of petitioner for an order requiring respondents to refrain from taking any proceedings to place upon the ballots or voting machines in the city of New York for the election of November 7, 1939, a proposal to amend article 1, section 9, of the Constitution of the State of New York. Order affirmed, without costs. No opinion. Lazansky, P. J., Johnston and Adel, JJ., concur; Taylor and Close, JJ., dissent and vote to reverse the order and grant the application on the ground that the provisions of the Constitution of the State of New York (art. 19, § 1) are controlling and there has been no compliance with said provisions.

Stoughton v. Cohen, 258 A.D. 746, 15 N.Y.S.2d 262, 1939 N.Y. App. Div. LEXIS 6740 (N.Y. Ct. App. 1939).

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