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People ex Rel. Buckholz v. Warta

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1913
156 App. Div. 880 (N.Y. App. Div. 1913)

Opinion

March, 1913.

Appeal by the relator from orders of the Special Term, entered in the office of the clerk of the county of Nassau on the 24th day of March, 1913.


Under the urgent circumstances and in accord with the desire of the parties, we will regard these proceedings as if in form proper for summary relief, in order to dispose of this matter upon the merits, but without intention to make a precedent so far as the present procedure in court is concerned. We think that sections 2 and 45 of the Election Law may be read together, and that the intent of the act is that while the provisions of article 4 of the law are not controlling generally as to nominations for town, village and school district officers, yet subdivision 4 of section 45 is applicable in that it specifically prescribes the procedure as to party nominations for town, ward and village officers. In other words, the latter provision falls within the saving clause in the first sentence of the said section 2, "Except as otherwise herein provided." It follows that the disposition of the objections made by the town clerk was right, and that the orders must be affirmed, but without costs. Jenks, P.J., Burr, Thomas, Carr and Stapleton, JJ., concurred. Orders affirmed, without costs.


Summaries of

People ex Rel. Buckholz v. Warta

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1913
156 App. Div. 880 (N.Y. App. Div. 1913)
Case details for

People ex Rel. Buckholz v. Warta

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. GEORGE L. BUCKHOLZ, Appellant…

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

Date published: Mar 1, 1913

Citations

156 App. Div. 880 (N.Y. App. Div. 1913)