Hyperlawhypertext legal database Civilette v. Caccamise 33 N.Y.2d 730

← Cases

Civilette v. Caccamise

33 N.Y.2d 730 Court N.Y. Decision date 1973-10-23 English

Contents

Majority

p. 730
In the Matter of David M. Civilette, Respondent, v. George Caccamise et al., Constituting the Board of Elections of the County of Chautauqua, et al., Appellants.
Argued October 18, 1973;
decided October 23, 1973.
p. 731
Bruce K. Carpenter and Donald J. McCarthy, Jr. for Daniel Larson and Chester Woloszyn, appellants.
David M. Civilette, respondent in person.

Order affirmed, without costs; no opinion.

Concur: Chief Judge Fuld and Judges Btjbke, Gabbielli, Jones and Wachtleb. Judges Jasen and Shapibo[1] dissent and vote to reverse on the authority of Matter of Cohalan v. Olmo ( 41 A D 2d 840 ) and the fact that upon the argument of this appeal the appellants presented a certified copy of the petition filed with the Board of Elections, the contents of which were conceded by the respondent to be accurate.

* Designated pursuant to section 2 of article VI of the State Constitution in place of Bbeitel, J.