From Casetext: Smarter Legal Research

Matter of Marley v. Hamilton

Appellate Division of the Supreme Court of New York, Second Department
Sep 1, 1976
55 A.D.2d 864 (N.Y. App. Div. 1976)

Opinion

September 1, 1976

Not published with other decisions of September, 1976, 54 A.D.2d 551. [Rep.



In a proceeding to invalidate a petition designating Elmer Hamilton as a candidate in the Democratic Party primary election to be held on September 14, 1976, for the public office of State Assemblyman from the 54th Assembly District, Kings County, the appeal is from so much of a judgment of the Supreme Court, Kings County, entered August 30, 1976, as directed the board of elections to print on the ballot for the afore-mentioned primary election, such other candidate for the public office in question as is designated by the Committee on Vacancies which proferred Elmer Hamilton. Judgment affirmed insofar as appealed from, without costs or disbursements. Section 140 of the Election Law provides, inter alia, that "1. A vacancy in a designation * * * caused * * * by the * * * disqualification of the candidate * * * 2. * * * may be filled by a majority of the committee to fill vacancies shown upon the face of the petition". In this case, the designee was disqualified by reason of his nonresidence in the assembly district in question, but the petition was otherwise valid. Under the circumstances, the Committee on Vacancies was properly empowered by Special Term to fill the vacancy (see Matter of Grieco v Bader, 43 Misc.2d 245, affd 21 A.D.2d 751; Matter of Blinn, NYLJ, Oct. 23, 1940, p 1220, col 1, affd 260 App. Div. 884). Latham, Acting P.J., Cohalan, Margett, Rabin and Shapiro, JJ., concur.


Summaries of

Matter of Marley v. Hamilton

Appellate Division of the Supreme Court of New York, Second Department
Sep 1, 1976
55 A.D.2d 864 (N.Y. App. Div. 1976)
Case details for

Matter of Marley v. Hamilton

Case Details

Full title:In the Matter of LENA MARLEY, Appellant, v. ELMER HAMILTON et al.…

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

Date published: Sep 1, 1976

Citations

55 A.D.2d 864 (N.Y. App. Div. 1976)

Citing Cases

Matter of Owens v. Sharpton

Special Term declined to find fraudulent design in the residency errors and the Appellate Division…

In Matter of Handel v. Maertz

Caselaw which declines to invalidate a new candidate's certificate of substitution, where the original…