Summary
In Matter of Roosevelt v. Power (8 N.Y.2d 869), the petitioner, a candidate of the Democratic party for election as delegate to the Democratic National Convention, failed to register from his new residence upon the usual registration days in October, 1959, and he did register centrally on March 9, 1960, but this was held not to have any retroactive effect; in this case Committeeman Shields registered, duly and promptly in order to qualify for the next election.
Summary of this case from Matter of Naples v. CarrOpinion
Argued June 2, 1960
Decided June 2, 1960
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HENRY CLAY GREENBERG, J.
Abraham J. Gellinoff, Nelson Kantor and Max D. Blossner for Joseph Rosenberg, appellant.
Charles H. Tenney, Corporation Counsel ( Saul Moskoff and Arthur H. Geisler of counsel), for James M. Power and others, appellants.
Leonard S. Halpert for respondent.
Orders of the Appellate Division reversed and those of Special Term reinstated, without costs, for the reasons stated in the opinion at Special Term. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS and BURKE. Judges FULD, FOSTER and BERGAN dissent and vote to affirm.
Designated pursuant to section 5 of article VI of the State Constitution in the temporary absence of Judge FROESSEL.