In re Devoe — 131 N.Y.S. 482

Majority

p. 482

In re DEVOE.

(Supreme Court, Appellate Division, First Department.

November 1, 1911.)

Headnote

Elections (§ 131*)—Convention—Nominations.

Where the person duly designated to call a district aldermanic convention to order was present at the convention, and when it was called to order stood ofn the platform, and either called it to order himself or procured another to do so for him, and thereafter a majority of the delegates elected to the convention unanimously nominated D. as the candidate of the political party for alderman, he was properly certified as the regular nominee, as against one attempted to be nominated, by persons not delegates, before the temporary or permanent chairman had been elected, and without a roll call.

[Ed. Note.—For other cases, see Elections, Dec. Dig. § 131.^[1] ]

Appeal from Special Term, New York County.

Objections to the nomination of Harry J. Devoe as candidate for alderman of the Thirty-Second district. Erom an, order sustaining the objections, Devoe appeals. Reversed, and objections overruled.

p. 483

Argued before INGRAHAM, P. J., and LAUGHLIN, CLARKE, MILLER, and DOWLING, JJ.

T. A. McGrath, for appellant.

A. G. Meyer and A.-S. Gilbert, for respondents.

It appears that Percy L. Davis was duly designated as the person to call the Thirty-Second district aldermanic convention to order; that he was present at the convention, and, when the convention was called to order, stood upon the platform, and either called it to order himself, or the convention was called to order by one Bloom, standing alongside of him, at his suggestion, and with his consent; that subsequently a majority of the delegates elected to this convention acted, and unanimously nominated Harry J. Devoe as the candidate of the Independence League for alderman. We think, upon the formal documents executed, and upon the testimony, it was established that Harry J. Devoe was the nominee of this convention, and that the certificate to that effect, filed and verified, should be recognized by the board of elections.

It would appear that a minority of the convention, or some other persons, not delegates, attempted to nominate one James J. McAvoy, before the temporary and permanent chairmen were elected, and without a roll call; but it is apparent that such attempted nomination was not by a majority of the delegates elected to the convention, and was not a legal nomination. It was conceded upon the argument that an order had been entered at Special Term sustaining the objections to the nomination of Harry J. Devoe.

The order sustaining such objections must be reversed, and the objections overruled.