Lyden v. Katz

• Decision Date: 02 November 1961
• Citation: 10 N.Y.2d 891,223 N.Y.S.2d 512
• Parties: , 179 N.E.2d 514 In the Matter of Frank LYDEN, Appellant, v. Irwin KATZ et al., Individually and Constituting the Board of Elections of Putnam County, Respondents. and Moe Smith et al., Respondents. In the Matter of Raymond ADAMS et al., Appellants, v. Irwin KATZ et al., Individually and Constituting the Board of Elections of Putnam County, Respondents, and Moe Smith et al., Respondents.
• Court: New York Court of Appeals Court of Appeals

Page 512

223 N.Y.S.2d 512

10 N.Y.2d 891, 179 N.E.2d 514

In the Matter of Frank LYDEN, Appellant, v. Irwin KATZ et al., Individually and Constituting the Board

of Elections of Putnam County, Respondents. and

Moe Smith et al., Respondents.

In the Matter of Raymond ADAMS et al., Appellants, v. Irwin KATZ et al., Individually and Constituting the Board

of Elections of Putnam County, Respondents, and

Moe Smith et 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. 17.

The Supreme Court, Special Term, Putnam County, James D. Hopkins, J., 29 Misc.2d 1072, 221 N.Y.S.2d 445, denied a motion of certain respondents to set aside the service of papers on them and granted the petitioner's application to declare invalid the certificates of nomination filed by the Liberal Party of Putnam County, and denied the respondents' motion to amend the certificates nunc pro tunc. The Liberal Party had filed five certificates nominating five slates of candidates for certain offices, but the names of the towns whose offices were to be filled were not stated, and there were six towns in Putnam County. The Special Term was of the opinion that the failure to state the names of the towns was a jurisdictional defect, and that it was without power to correct the defect, and that certificates could not be amended nunc pro tunc.

The Appellate Division modified the order on the law and the facts by striking out provisions granting the application to declare the certificates invalid and substituting a provision granting the motion to amend the certificates of nomination nunc pro tunc so as to set forth in each certificate the name of the town whose offices were to be filled, and declaring the certificates, as thus amended, valid.

An appeal was taken to the Court of Appeals.

Order in Appellate Division reversed and that of Special Term reinstated, without costs, for the reasons stated by the Special Term.

DYE, FROESSEL, VAN VOORHIS, BURKE, FOSTER, WILLIAMS and MacAFFER, JJ., concur.