Lyden v. Katz
| Citation | 221 N.Y.S.2d 452,14 A.D.2d 820 |
| Parties | Application of Frank LYDEN, Petitioner-Respondent, v. Irwin KATZ and Frank C. Bowers, Jr., Individually and as members of the Board of Elections, etc., of Putnam County, Moe Smith and Julius J. Manson, the alleged County Committee of the Liberal Party in Putnam County, Frank R. Barbarita, as County Chairman of the Democratic Party in Putnam County, Respondents, and William J. Millar et al., the affected candidates, impleaded Respondents; Moe Smith and Julius L. Manson, the alleged County Committee of the Liberal Party in Putnam County, Appellants; William J. Millar et al., the Liberal Party candidates, Appellants. Application of Raymond ADAMS and Joseph Reich, Petitioners-Respondents, v. Irwin KATZ and Frank C. Bowers, Jr., individually and as members of the Board of Elections, etc., of Putnam County, Moe Smith and Julius J. Manson, the alleged County Committee of the Liberal Party in Putnam County, and Frank R. Barbarita, as County Chairman of the Democratic Party in Putnam County, Respondents, and William J. Millar et al., the Liberal Party candidates, Impleaded Respondents; Moe Smith and Julius L. Manson, the alleged County Committee of the Liberal Party in Putnam County, Appellants; William J. Millar et al., the Liberal Party candidates, Appellants. |
| Decision Date | 31 October 1961 |
| Court | New York Supreme Court Appellate Division |
Adolph I. King, Mahopac, for appellant.
Vincent P. Downey, Carmel, for respondents Adams & Reich.
Samuel L. Slutzky, Lake Peekskill, for respondent Lyden.
Before BELDOCK, Acting P. J., and UGHETTA, CHRIST, PETTE and BRENNAN, JJ.
MEMORANDUM BY THE COURT.
In two proceedings under section 330 of the Election Law, consolidated and heard together, to invalidate five certificates of the Liberal Party nominating its candidates for town offices in Putnam County to be filled at the next general election, Smith and Manson, the Liberal Party's County Committee in Putnam County, and William J. Millar and other candidates affected, appeal from an order of the Supreme Court, Putnam County, dated October 24, 1961 and entered October 25, 1961, which, inter alia: (a) granted the petitions to invalidate said nominating certificates; (b) directed the Putnam County Board of Elections to declare the said nominating certificates to be null and void; (c) restrained the Board from taking any further action upon said nominating certificates and from placing on the ballot as candidates of the Liberal Party the names of the candidates thus nominated; (d) denied the motion of the appellants, Smith and Manson, to cure the defects in the said nominating certificates by permitting their amendment nunc pro tunc; and (e) denied the cross motion of the said candidates affected, William J. Millar...
To continue reading
Request your trial
-
Sortino v. Chiavaroli
...not appear on the face of the petition." (See also Matter of Lyden v. Katz, 29 Misc.2d 1072, 1077, 221 N.Y.S.2d 445, 450, revd. 14 A.D.2d 820, 221 N.Y.S.2d 452, revd. and order at Special Term reinstated for reasons stated at Special Term, 10 N.Y.2d 891, 223 N.Y.S.2d 512, 179 N.E.2d 514.) T......
-
Praete v. Van Wart
...in New Rochelle. This petition falls between the petitions in Matter of Lyden v. Katz, 29 Misc.2d 1072, 221 N.Y.S.2d 445, mod. 14 A.D.2d 820, 221 N.Y.S.2d 452, rev'd. 10 N.Y.2d 891, 223 N.Y.S.2d 512, 179 N.E.2d 514, where the certificates of nomination failed to differentiate between the pu......
-
Denn v. Mahoney
...omission or deficiency (see Matter of Lyden v. Katz, 29 Misc.2d 1072, 1076-1078, 221 N.Y.S.2d 445, 449-451, rev'd on this ground 14 A.D.2d 820, 221 N.Y.S.2d 452, rev'd and order at Special Term reinstated for reasons stated at Special Term, 10 N.Y.2d 891, 223 N.Y.S.2d 512, 179 N.E.2d Order ......
-
Lyden v. Katz
...al., Respondents. Court of Appeals of New York. Nov. 2, 1961. Appeal from Supreme Court, Appellate Division, Second Department, 14 A.D.2d 820, 221 N.Y.S.2d 452. Consolidated proceedings were brought under Section 330 of the Election Law, Consol.Laws, c. The Supreme Court, Special Term, Putn......