Newman v. Millspaugh
| Decision Date | 27 September 1959 |
| Citation | 192 N.Y.S.2d 30,9 A.D.2d 715 |
| Parties | Application of Claire NEWMAN, Petitioner, v. Mildred MILLSPAUGH and Peter F. Callahan, individually and as Commissioners of Election constituting the Board of Elections of the County of Sullivan, Respondents, for an order declaring a purported certificate of the Liberal Party, dated, acknowledged and verified |
| Court | New York Supreme Court — Appellate Division |
Hyman E. Mintz, Monticello, for Republication endorsed candidates.
Abraham Roth, Brooklyn, for Liberal Party.
John Braun, Albany, for Liberal Party County Committee of Sullivan County.
Oppenheim & Oppenheim, Monticello, for Liberal Party objectors.
Irving Bershader, Callicoon, for Board of Elections of Sullivan County.
George H. Rosen, Monticello, for Democrat objectors.
Before FOSTER, P. J., and BERGAN, GIBSON and HERLIHY, JJ.
Appeal by petitioners in the above entitled proceedings from an order of the Supreme Court, Sullivan County, Special Term, which denied petitioners' applications to have declared null and void certain certificates of the Liberal Party nominating candidates for town offices in the Town of Thompson, Sullivan County, for the General Election to be held November 3, 1959.
Several issues have been raised but we regard the following as decisive. It seems to be conceded by all parties that the so-called County Committee of the Liberal Party in Sullivan County consists of only eleven members. It follows as a matter of course that such committee was not constituted in compliance with Section 12 of the Election Law, there being 50 election districts in Sullivan County. Section 12 of the Election Law provides: 'The...
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...or to nominate a candidate for town office and file a certificate of such authorization and nomination. Matter of Application of Newman v. Millspaugh, App.Div.1959, 192 N.Y.S.2d 30, affirmed 1959, 7 N.Y.2d 756, 193 N.Y.S.2d So, here, the placing on the ballots and on the ballot labels on th......
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Gallant v. LaFrance
...is a violation of the statute. Any purported statutory action, he argues, must be ineffective and a nullity, citing Newman v. Millspaugh, 9 A.D.2d 715, 192 N.Y.S.2d 30 (N.Y.). We have no quarrel with teh principle enunciated in the authority cited, but it is not applicable here for the reas......
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Moore v. Pikul
...by both the socalled County Committees to elect a slate of officers representing it were, of necessity, null and void (Newman v. Millspaugh, 9 A.D.2d 715, 192 N.Y.S.2d 30, aff'd. 7 N.Y.2d 756, 193 N.Y.S.2d 669, 162 N.Y.2d 750; DeCesare v. Fisher, 11 A.D.2d 750, 201 N.Y.S.2d 285; Duryea v. M......
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Buechel v. Bosco
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