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Matter of Battista v. Carver

Court of Appeals of the State of New York
Oct 19, 1961
10 N.Y.2d 867 (N.Y. 1961)

Summary

In Matter of Battista v. Power (10 N.Y.2d 867) where an unacknowledged certificate of acceptance was filed within the permitted time period a correct certificate was permitted to be filed after the prescribed time period had expired.

Summary of this case from Matter of Kress v. Bd. of Elections

Opinion

Argued October 18, 1961

Decided October 19, 1961

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, CHARLES A. LORETO, J.

Theodore D. Ostrow for appellants.

Hugo E. Rogers and Sanford Solarz for petitioners-respondents.


Order affirmed, without costs. The courts had power to direct the board to receive the certificate of acceptance as corrected ( Matter of Lauer v. Board of Elections, 262 N.Y. 416; Matter of Smith v. Board of Trustees of Vil. of Fort Edward, 1 N.Y.2d 690). Failure to serve the objectors within the time limited by statute (Election Law, § 330) was not jurisdictional, since there is no provision in the Election Law for the filing of objections to a certificate of acceptance of nomination (see Election Law, § 145). No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Judge FULD dissents and votes to reverse the order appealed from and to dismiss the proceedings on the ground that the objectors were necessary parties (see Matter of Kram v. Cohen, 293 N.Y. 746; Matter of Swan v. Cohen, 286 N.Y. 678).


Summaries of

Matter of Battista v. Carver

Court of Appeals of the State of New York
Oct 19, 1961
10 N.Y.2d 867 (N.Y. 1961)

In Matter of Battista v. Power (10 N.Y.2d 867) where an unacknowledged certificate of acceptance was filed within the permitted time period a correct certificate was permitted to be filed after the prescribed time period had expired.

Summary of this case from Matter of Kress v. Bd. of Elections
Case details for

Matter of Battista v. Carver

Case Details

Full title:In the Matter of VITO P. BATTISTA et al., Respondents, v. JAMES M. POWER…

Court:Court of Appeals of the State of New York

Date published: Oct 19, 1961

Citations

10 N.Y.2d 867 (N.Y. 1961)
223 N.Y.S.2d 500
179 N.E.2d 506

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