Buchler v. Cohen

Decision Date31 October 1934
Citation193 N.E. 341,265 N.Y. 605
PartiesIn the Matter of Samuel BUCHLER, Appellant, v. S. Howard COHEN et al., Constituting the Board of Elections of the City of New York, Respondents.
CourtNew York Court of Appeals Court of Appeals

OPINION TEXT STARTS HERE

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (242 App. Div. 803.275 N. Y. S. 660), entered October 30, 1934, which unanimously affirmed an order of Special Term denying a motion by petitioner for a peremptory order of mandamus to compel the board of elections of the city of New York to place the name of the appellant upon the official ballot for the general election to be held on November 6, 1934, as a candidate for the office of Representative in Congress. The board of elections refused to file the nominating petition for the reason that such petition did not specify the particular congressional district in which the petitioner was seeking office.

William H. Schreiber, of New York City, for appellant.

Paul Windels, Corp. Counsel, of New York City (Russell L. Tarbox, of New York City, of counsel), for respondents.

PER CURIAM.

Order affirmed.

POUND, C. J., and CRANE, LEHMAN, O'BRIEN, HUBBS, CROUCH, and LOUGHRAN, JJ., concur.

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4 cases
  • Lyden v. Katz
    • United States
    • New York Supreme Court
    • October 24, 1961
    ... ... Cohen, 181 Misc. 832, 838, 47 N.Y.S.2d 366, 370, affd. 267 App.Div. 891, 48 N.Y.S.2d 318; Matter of Gallagher v. Cohen, 180 Misc. 1030, 1031, 46 N.Y.S.2d ... the public office for which the candidate seeks election, in accordance with the requirements of section 135 of the Election Law (Matter of Buchler, 265 N.Y. 605, 192 N.E ... 296 (failure to designate the congressional district); Marcatante v. Lundy, 8 Misc.2d 313, 167 N.Y.S.2d 965, affd. 4 ... ...
  • In the Matter of John Rosenberg v. Bd. of Elections of the City of New York
    • United States
    • New York Court of Appeals Court of Appeals
    • October 31, 1934
    ... ... Gershman, both of New York City, for respondent Christopher D. Sullivan.PER CURIAM.Order affirmed on the authority of Matter of Wicksel v. Cohen, 262 N. Y. 446, 187 N. E. 634.POUND, C. J., and CRANE, LEHMAN, O'BRIEN, HUBBS, CROUCH, and LOUGHRAN, JJ., ... ...
  • Garside v. Cohen
    • United States
    • New York Court of Appeals Court of Appeals
    • October 31, 1934
  • Marcatante v. Lundy
    • United States
    • New York Supreme Court
    • November 5, 1957
    ... ...         The objectors-petitioners relied on Warsoff v. Cohen, 289 N.Y. 108, 44 N.E.2d 386, wherein the Court of Appeals held that the Board of Elections was justified in its ruling that in the absence of ... Buchler v. Cohen, 242 App.Div. 803, 275 N.Y.S. 660, affirmed 265 N.Y. 605, 193 N.E. 341. Accordingly, I hold that the petition originally nominating Mr ... ...

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