Whalen v. Nicholson

Appellate Division of the Supreme Court of New York

Whalen v. Nicholson

10 A.D.2d 999, 202 N.Y.S.2d 883, 1960 N.Y. App. Div. LEXIS 9637

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

DecidedMay 26, 1960

StatusPublished

This text of 10 A.D.2d 999 (Whalen v. Nicholson) 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

Whalen v. Nicholson, 10 A.D.2d 999, 202 N.Y.S.2d 883, 1960 N.Y. App. Div. LEXIS 9637 (N.Y. Ct. App. 1960).

Pincite

Opinion

Order reversed on the facts, with costs to petitioner-appellant, payable by respondent Randolph A. Rankin, and proceeding remitted to the Special Term for a new hearing. The order appealed from was made after a hearing upon which it was established that a candidate involved had failed to respond to a subpoena duly served upon him by the petitioner. No explanation was offered with respect to the candidate’s failure to obey the subpoena. A new hearing is required in the interests of justice. Nolan, P. J., Ughetta, Pette and Brennan, JJ., concur.

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Order reversed on the facts, with costs to petitioner-appellant, payable by respondent Randolph A. Rankin, and proceeding remitted to the Special Term for a new hearing. The order appealed from was made after a hearing upon which it was established that a candidate involved had failed to respond to a subpoena duly served upon him by the petitioner. No explanation was offered with respect to the candidate’s failure to obey the subpoena. A new hearing is required in the interests of justice. Nolan, P. J., Ughetta, Pette and Brennan, JJ., concur.

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Bluebook (online)

10 A.D.2d 999, 202 N.Y.S.2d 883, 1960 N.Y. App. Div. LEXIS 9637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whalen-v-nicholson-nyappdiv-1960.