McDonald v. Heffernan

CourtNew York Court of Appeals
Citation88 N.E.2d 722,300 N.Y. 488
Decision Date21 October 1949
PartiesMiles F. McDONALD, et al., Respondents, v. William J. HEFFERNAN, et al., Constituting the Board of Elections of the City of New York, et al., Defendants, et al., Appellants.

300 N.Y. 488
88 N.E.2d 722

Miles F. McDONALD, et al., Respondents,
v.
William J. HEFFERNAN, et al., Constituting the Board of Elections of the City of New York, et al., Defendants, et al., Appellants.

Court of Appeals of New York.

Oct. 21, 1949.


Appeal from Supreme Court, Appellate Division, Second Department, 275 App.Div. 1054, 92 N.Y.S.2d 426.

Consolidated proceedings in the matter of the application of Miles F. McDonald, individually and as the nominee of the Democratic Party, Kings County, for the public office of District Attorney of Kings County and others, petitioners, against William J. Heffernan and others, constituting the Board of Elections of the City of New York and others, for an order enjoining and restraining the Board of Elections from printing and placing upon the ballots and voting machines in the general election to be held on November 8, 1949, as the nominees of the American Labor Party for the public office of District Attorney, Kings County, the name of Edmund H. H. Caddy, and for the public office of Representative in Congress, Tenth Congressional District, the name of Max Torchin. Edmund H. H. Caddy, and others, individually and as chairman of the County Committee, Kings County, of the American Labor Party, and as Chairman of the Executive Committee of the County Committee of Kings County of the American Labor Party, elected on or about August 11, 1947; and Lester Zirin, the County Committee of the American Labor Party, Kings County, elected in the primary election held on September 6, 1949, appeared as respondents.

Judgment of the Supreme Court of Kings County holding void the action of the Executive Committee of the County Committee of the American Labor Party in making the nomination, on the ground that the Executive Committee had no power to act after the term of office of the County Committee of which it was a...

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7 practice notes
  • Settineri v. DiCarlo, No. 1
    • United States
    • New York Supreme Court — Appellate Division
    • October 26, 1993
    ...as nominations, although they had the power to carry out purely interim administrative functions (see, Matter of McDonald v. Heffernan, 300 N.Y. 488, 88 N.E.2d 722; Matter of Torchin v. Cohen, 286 N.Y. 544, 37 N.E.2d 553; Matter of Mazur v. Kelly, 170 A.D.2d 1037, 566 N.Y.S.2d 180; Matter o......
  • In re Matter of Meehan v. Giunta, 2010 NY Slip Op 31390(U) (N.Y. Sup. Ct. 6/1/2010), No. 009648/10.
    • United States
    • United States State Supreme Court (New York)
    • June 1, 2010
    ...Burns v. Willtse, 303 N.Y. 319 (1951); McDonald v. Heffernan, 196 Misc 465 (Kings County 1949), affd. 275 A.D. 1054(2ndDept. 1949), 300 N.Y. 488 (1949); Trosk v. Cohen, 149 Misc. 298 (NY County 1933), affd. 240 A.D. 825 (1st Dept. 1933), affd, 262 N.Y. 430 (1933); see also, Magee v. Camp, 2......
  • Settineri v. DiCarlo, No. 1
    • United States
    • United States Court of Appeals (New York)
    • November 1, 1993
    ...functions. In addition, both Matter of [82 N.Y.2d 818] Torchin v. Cohen, 286 N.Y. 544, 37 N.E.2d 553 and Matter of McDonald v. Heffernan, 300 N.Y. 488, 88 N.E.2d 722 are consistent with the view that the outgoing chairman has no authority to select the candidate for State Senate. In Matter ......
  • Cox v. Spoth, 2018-000092
    • United States
    • United States State Supreme Court (New York)
    • October 12, 2018
    ...Settineri at length, importantly the compelling dissent that cites to Torchin v. Cohen (286 NY 544 [1941] ) and McDonald v. Heffernan (300 NY 488 [1949] ), and finds that it was improper for an executive committee of a political party to choose a candidate for public office after the electi......
  • Request a trial to view additional results
7 cases
  • Settineri v. DiCarlo, No. 1
    • United States
    • New York Supreme Court — Appellate Division
    • October 26, 1993
    ...as nominations, although they had the power to carry out purely interim administrative functions (see, Matter of McDonald v. Heffernan, 300 N.Y. 488, 88 N.E.2d 722; Matter of Torchin v. Cohen, 286 N.Y. 544, 37 N.E.2d 553; Matter of Mazur v. Kelly, 170 A.D.2d 1037, 566 N.Y.S.2d 180; Matter o......
  • In re Matter of Meehan v. Giunta, 2010 NY Slip Op 31390(U) (N.Y. Sup. Ct. 6/1/2010), No. 009648/10.
    • United States
    • United States State Supreme Court (New York)
    • June 1, 2010
    ...Burns v. Willtse, 303 N.Y. 319 (1951); McDonald v. Heffernan, 196 Misc 465 (Kings County 1949), affd. 275 A.D. 1054(2ndDept. 1949), 300 N.Y. 488 (1949); Trosk v. Cohen, 149 Misc. 298 (NY County 1933), affd. 240 A.D. 825 (1st Dept. 1933), affd, 262 N.Y. 430 (1933); see also, Magee v. Camp, 2......
  • Settineri v. DiCarlo, No. 1
    • United States
    • United States Court of Appeals (New York)
    • November 1, 1993
    ...functions. In addition, both Matter of [82 N.Y.2d 818] Torchin v. Cohen, 286 N.Y. 544, 37 N.E.2d 553 and Matter of McDonald v. Heffernan, 300 N.Y. 488, 88 N.E.2d 722 are consistent with the view that the outgoing chairman has no authority to select the candidate for State Senate. In Matter ......
  • Cox v. Spoth, 2018-000092
    • United States
    • United States State Supreme Court (New York)
    • October 12, 2018
    ...Settineri at length, importantly the compelling dissent that cites to Torchin v. Cohen (286 NY 544 [1941] ) and McDonald v. Heffernan (300 NY 488 [1949] ), and finds that it was improper for an executive committee of a political party to choose a candidate for public office after the electi......
  • Request a trial to view additional results

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