General

In the Matter of William F. O'Brien

140 A.D. 467·New York Supreme Court, Appellate Division·1910·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

In the Matter of William F. O’Brien. First Department, November 2, 1910. Elections — nominations, when complete — filing certificate. Under the Election Law the nomination for a public office becomes complete only upon the filing of the certificate of nomination with the proper officers. Until this is done the nominee does not become a candidate for the office. Scott and Miller, JJ., dissented. Appeal from an order of the Supreme Court, made at the Mew York Special Term. R. L. Luce, for the appellant. Abraham G. Meyer and A. S. Gilbert, for the respondent. [MAJORITY — Ingraham, P. J.:] Ingraham, P. J.: In my view of the Election Law, the intention is throughout expressed that a nomination for public office becomes complete only upon filing the certificate of nomination with the proper officers, and then, and not before, the person nominated becomes the candidate of the party for that office, within' the meaning of section 136 of the Election Law (Conspl. Laws, chap. 17; Laws of 1909, chap. 22). The order appealed from is, therefore, affirmed. Laughlin and Clareé, JJ., concurred ; Scott and Miller, JJ., dissented. Order affirmed.