From Casetext: Smarter Legal Research

Matter of Holtzman v. Power

Court of Appeals of the State of New York
Jun 15, 1970
261 N.E.2d 666 (N.Y. 1970)

Opinion

Argued June 15, 1970

Decided June 15, 1970

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MYLES J. LANE, J.

Louis J. Lefkowitz, Attorney-General ( Mark T. Walsh and Samuel A. Hirshowitz of counsel), for intervenor-appellant.

Gerald A. Novack, Michael O. Finkelstein, David N. Ellenhorn, David Bernfeld, Stephen Gillers, Martin Senzel and Michael Varet for petitioners-respondents.


Order affirmed, without costs, on the opinion by LANE, J., at Special Term dated June 5, 1970.

Concur: Chief Judge FULD and Judge BERGAN, BREITEL, JASEN and GIBSON. Judges BURKE and SCILEPPI dissent and vote to reverse for the reasons stated in the opinion by GELLINOFF, J., at Special Term, dated May 20, 1970 ( 64 Misc.2d 221), as to the constitutional grounds.


Summaries of

Matter of Holtzman v. Power

Court of Appeals of the State of New York
Jun 15, 1970
261 N.E.2d 666 (N.Y. 1970)
Case details for

Matter of Holtzman v. Power

Case Details

Full title:In the Matter of ELIZABETH HOLTZMAN et al., Respondents, v. JAMES M. POWER…

Court:Court of Appeals of the State of New York

Date published: Jun 15, 1970

Citations

261 N.E.2d 666 (N.Y. 1970)
261 N.E.2d 666
313 N.Y.S.2d 760

Citing Cases

Tsongas v. Secretary of the Commonwealth

In most of the cases on the point, it has been decided only after an evidentiary hearing. Weisberg v. Powell,…

People v. Ohrenstein

Thus, it has been held to be an improper exercise of the legislative power to assist the reelection of…