Matter of Carey v. Power

Full title: In the Matter of HUGH L. CAREY et al., Appellants, v. JAMES M. POWER et…

Court: Court of Appeals of the State of New York

Date published: Oct 27, 1966

222 N.E.2d 610 (N.Y. 1966)

222 N.E.2d 610

275 N.Y.S.2d 850

Opinion

Argued October 26, 1966

Decided October 27, 1966

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, WALTER R. HART, J.

Robert B. Brady for appellants.

Theodore D. Ostrow for respondents.

Order of Appellate Division modified, without costs. The petition for the 15th Congressional District candidate is valid. The petition for Member of the Assembly in the 50th Assembly District is valid. The petition for State Senator and for Delegates to the Constitutional Convention in the 21st Senate District is invalid.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, BERGAN and KEATING. Judge SCILEPPI dissents and votes to reverse as to that part of the decision which invalidates the petition for State Senator and for Delegates to the Constitutional Convention in the 21st Senate District (see Matter of Garside v. Cohen, 265 N.Y. 606).