Margolis v. Larkin
| Decision Date | 14 June 1972 |
| Citation | 335 N.Y.S.2d 430,30 N.Y.2d 876 |
| Parties | , 286 N.E.2d 916 Application for Joseph S. MARGOLIS, Respondent, v. William S. LARKIN et al., Defendants, Robert A. Hollis, Appellant. In the Matter of Joseph S. MARGOLIS, Appellant, v. William F. LARKIN et al., Defendants, and William H. O'Connell, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the Supreme Court, Appellate Division, Second Department, 39 A.D.2d 951. 952, 333 N.Y.S.2d 287, 288.
Proceeding was brought to invalidate petitions designating appellant as a candidate in the Liberal Party Primary Election. The Supreme Court, Richmond County, granted one application, denied another and appeals were taken.
The Appellate Division in one case reversed the judgment, dismissed the petitions and validated the designating petitions and in the other case it reversed the judgment, granted the petition and validated the designating petition. It held, among other things, that where in his designating petition candidate reported to be running for office of Associate Assembly District Leader and county committee decided that there should be two Assembly District Leaders rather than one and an Associate, in spite of the misnomer the designating petition should be deemed valid for the office of Assembly District Leader. It was also held that the citizen-objector was without standing to maintain proceeding where he admittedly failed to file specifications of objections as required by Election Law. Appeals were taken.
Order affirmed, without costs.
All concur.
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