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Matter of Kaufman v. Hardy

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 1947
272 App. Div. 980 (N.Y. App. Div. 1947)

Opinion

September 11, 1947.

Appeal from Supreme Court, Rensselaer County.


The order (1) invalidated a certificate of nomination made as a result of an official primary or caucus of the Republican Party in the Town of East Greenbush as regards the nomination of Marshall B. Hardy to the office of Justice of the Peace of that town; (2) restrained the County Board of Elections from acting or certifying with respect to said nomination; (3) directed a reassembly for conduct of a new caucus to be held only for the making of the nomination voided by the order, and fixed the time and place thereof. Neither fraud nor unlawful conduct in the making of the nomination in question was proved or charged. The irregularities on account of which the nomination was voided are not shown to have been in violation of any rules which governed the caucus, or to have so characterized it as to have rendered it impossible to determine who was rightfully nominated. Order reversed on the law and facts and petition dismissed, without costs. All concur.


Summaries of

Matter of Kaufman v. Hardy

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 1947
272 App. Div. 980 (N.Y. App. Div. 1947)
Case details for

Matter of Kaufman v. Hardy

Case Details

Full title:In the Matter of EDWARD J. KAUFMAN, Respondent, against MARSHALL B. HARDY…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 11, 1947

Citations

272 App. Div. 980 (N.Y. App. Div. 1947)