Finnegan v. Cohen (262 A.D. 955, 1941)

New York Supreme Court, Appellate Division 1941-09-09

Citations

Full opinion text

Appeal by the petitioner from an order of the Supreme Court, entered in the New York county clerk’s office on September 6, 1941, denying petitioner’s motion to strike out certain petitions for county committeemen.

Order affirmed, without costs. (See Matter of Holley [Rittenberg], 268 N. Y. 484.) Leave to appeal to the Court of Appeals granted.

Present — O’Malley, Glennon, Dore, Cohn and Callahan, JJ.; O’Malley, J., dissents and votes to reverse and grant the motion; dissenting opinion by O’Malley, J. [177 Misc. 142.]

O’Malley, J.

(dissenting). The petitoner-appellant herein did not consent to the declinations. In this respect at least the situation differs from that presented in Matter of Holley (Rittenberg) (268 N. Y. 484). I, accordingly, dissent upon the authority of Matter of Powers v. Coughlin (268 N. Y. 623), and vote for reversal of the order appealed from.