MATTER OF McKEEVER v. HORNIDGE
| Decision Date | 10 March 1954 |
| Citation | 205 Misc. 362 |
| Parties | In the Matter of John T. McKeever, Petitioner,<BR>v.<BR>Henry T. Hornidge et al., Respondents. |
| Court | New York Supreme Court |
Rubin & Rubin for petitioner.
Roger H. Harper and Henry T. Hornidge, in person, for Henry T. Hornidge and others, respondents.
In this proceeding the legality of the petition purporting to nominate Henry T. Hornidge for police justice and Barney Epstein and Jack B. Holland each for the office of trustee upon a ticket named as "The Non-Partisans" for the village election of the Village of Mamaroneck to be held March 16, 1954, is challenged.
The respondents upon the return of this application moved the court for a dismissal of the proceeding upon two grounds. First, that the petitioner herein who has instituted this proceeding individually and as chairman of the village committee of the Republican party of Mamaroneck is not a proper party under the provisions of the Election Law to commence such a proceeding and, second, that inasmuch as this is a village election the entire election machinery is governed by article 3 of the Village Law. Neither of respondents' objections may be sustained. As chairman of a committee to represent a party in a political unit, petitioner is an interested party and is entitled to file objections in accordance with the provisions of section 145 of the Election Law and to maintain this proceeding pursuant to the provisions of section 330 of the Election Law. (Matter of Simpson v. Cohen, 173 Misc. 372, affd. 258 App. Div. 1039.) Although the Village Law contains certain provisions governing the conduct of elections the procedure for both party and independent nominations for public office is contained exclusively in sections 135 and 138 of the Election Law. The procedure and requirements thereof control the present situation. Respondents' motion to dismiss the petition must therefore be denied.
The allegation of invalidity of the nomination here under attack is based upon the failure of the signers thereof to have designated upon said petition the town wherein they reside as required by sections 135 and 138 of the Election Law. As to each signer the place of residence within the village alone is indicated with no reference whatsoever to the town. The petitioners' contentions have been sustained by the courts. In Matter of Fales v. Meisser (264 App. Div. 949, affd. 289 N.Y. 626), the court said ...
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...even though the place of residence within a village appears, and the petition concerns a village election (Matter of McKeever v. Hornidge, 205 Misc. 362, 129 N.Y.S.2d 820, affd. 306 N.Y . 876, 119 N.E.2d 45; Matter of Nash v. Van Pelt, 308 N.Y. 884, 126 N.E.2d In the proceedings at bar the ......
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...[Frankle], 184 Misc. 126, 50 N.Y.S.2d 448, affd. 255 App.Div. 722, 6 N.Y.S.2d 750, and is supported by Matter of McKeever v. Hornidge, 205 Misc. 362, 129 N.Y.S.2d 820, affd. In re Hornidge, 283 App.Div. 805, 129 N.Y.S.2d 498, affd. 306 N.Y. 876, 119 N.E.2d 45. See, Matter of Fleishman v. Bo......
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...wherein he or she resides as required by Sec. 135 and 138 of the Election Law. This omission has been held to be fatal. In re Hornidge, 205 Misc. 362, 129 N.Y.S.2d 820, affirmed 283 App.Div. 805, 129 N.Y.S.2d 498, affirmed 306 N.Y. 876, 119 N.E.2d 45; Fales v. Meisser, 264 App.Div. 949, 36 ......
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...Party', the names of the candidates designated in each petition. Florke v. Meisser, 289 N.Y. 627, 43 N.E.2d 842; McKeever v. Hornidge, 205 Misc. 362, 129 N.Y.S.2d 820; affirmed 283 App.Div. 805, 129 N.Y.S.2d 498, affirmed 306 N.Y. 876, 119 N.E.2d Submit order. ...