Kane v. Republican County Committee of Town of Huntington
| Decision Date | 30 August 1962 |
| Citation | 185 N.E.2d 12,12 N.Y.2d 658,232 N.Y.S.2d 36 |
| Parties | , 185 N.E.2d 12 In the Matter of the Application of John P. KANE, Appellant, For an Order, etc., v. The REPUBLICAN COUNTY COMMITTEE OF the TOWN OF HUNTINGTON, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 230 N.Y.S.2d 761.
The petitioner brought a proceeding under the Election Law, Consol.Laws, c. 17, § 330, against the Republican County Committee of the Town of Huntington for an order compelling the production of certain documents.
The Supreme Court, Henry M. Zaleski, J., rendered an order granting the petition to the extent of directing the officers of the Republican County Committee to make available and to deliver to the petitioner certain information within the possession of the officers, namely, the names and addresses of all members of the Republican County Committee as of June 6, 1962, the tabulations by committeeman of the ballots taken at a meeting of the Republican County Committee on June 6, 1962, with reference to the preference of its members for the Republican designation for nomination for State Assemblyman, and the names of those members voting by proxy at such meeting together with the names of members voting such proxies, and the Republican County Committee appealed.
The Appellate Division modified the order on the law and affirmed the order as modified, and held that the Supreme Court did not have jurisdiction to require the Republican County Committee to furnish the petitioner with information as to the names of its members who supported him at meeting to determine the nominee of the Republican Party for State Assemblyman for sole purpose of obtaining their signatures on his primary designating petition.
The petitioner appealed to the Court of Appeals.
Order affirmed, without costs.
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