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Matter John J. Hogan Et Al. v. Edwin Callahan

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eBook details

  • Title: Matter John J. Hogan Et Al. v. Edwin Callahan
  • Author : Supreme Court of New York
  • Release Date : January 27, 1975
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

[49 A.D.2d 714 Page 714] Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term entered in Ulster County) to compel the respondents to take those steps necessary to provide equal application of their ruling rejecting the authorization of petitioner Kirschner by the screening committee of the Ulster County Conservative Party to all candidates similarly situated. On June 24, 1975 a screening committee of the Ulster County Conservative Party authorized the candidacy of petitioner Kirschner for the office of Ulster County Clerk as well as 18 other candidates for various offices (Election Law, § 137, subd 4). Petitioner Kirschner, an enrolled Democrat, had previously received the Democratic nomination for the same office. The petitioner Kirschner's designating petition and accompanying authorization were objected to on the ground that the screening committee was illegally created, and respondents, on August 4, 1975, accordingly rejected Kirschner's designating petition and accompanying authorization. Similar objections had been filed on the same ground against all other authorizations had been filed committee, but these objections were rejected by respondents on the ground that they were not timely filed. Subsequently, on August 11, 1975 petitioners commenced the present proceeding. Respondents sought dismissal of the proceeding on the grounds (1) that it was untimely; (2) that petitioners had failed to join all those persons whose candidacies were being contested; and (3) that petitioners lacked standing to maintain the proceeding. Special [49 A.D.2d 714 Page 715]


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