Hurowitz v. Bd. of Elections

2 Citing cases

  1. State v. Hechler

    208 W. Va. 584 (W. Va. 2000)   Cited 12 times
    Concluding that constitutional provision forcing judges to vacate office before running for non-judicial office was supported by "State's compelling and permissible interest"

    Despite multitudinous research efforts, only one factually similar decision was unearthed that involved a judicial officer who sought to enhance his term length while still fulfilling a term to which he had been elected. In Hurowitz v. Board of Elections, 426 N.E.2d 746 (N.Y. 1981), a sitting civil court judge, who had served less than half of the ten- year term to which he had been elected, filed as a candidate for another ten-year seat on the same judicial body. Like Justice McGraw, Judge Hurowitz asserted his right to seek a separate judicial seat on the same court based on the language of New York's corollary to article VIII, section 7 of our state constitution.

  2. Matter of Ralys

    156 Misc. 2d 268 (N.Y. Cnty. Ct. 1992)   Cited 1 times

    "A court cannot by implication supply in a statute a provision which it is reasonable to suppose the Legislature intended intentionally to omit; and the failure of the Legislature to include a matter within the scope of an act may be construed as an indication that its exclusion was intended." (McKinney's Cons Laws of NY, Book 1, Statutes ยง 74.) It is the basic tenet of both constitutional and statutory construction that the general intent of an article or statute should govern the interpretation of any one part (Matter of Hurowitz v. Board of Elections, 53 N.Y.2d 531, 533). In reviewing the other bail provisions contained in CPL article 500 it is obvious that there is a legal requirement that the court, not the Sheriff, direct or approve the release of a principal who is in custody.