Hyperlawhypertext legal database Carey v. Power 18 N.Y.2d 845

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Carey v. Power

18 N.Y.2d 845 Court N.Y. Decision date 1966-10-27 English

Judges Concur: Chief Judge Desmond and Judges Fuld, Van Voorhis, BüRke, Beegan and Keating. Judge Scilepfi 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).

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Majority

p. 845
In the Matter of Hugh L. Carey et al., Appellants, v. James M. Power et al., Constituting the Board of Elections of the City of New York, and Herbert F. Ryan et al., Respondents.
Argued October 26, 1966;
decided October 27, 1966.
p. 847
Robert B. Brady for appellants.
Theodore D. Ostroio 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, BüRke, Beegan and Keating. Judge Scilepfi 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 ).

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