In Re Petition Purporting to Nominate Hylan

Court: New York Court of Appeals
Date filed: 1934-10-31
Citations: 193 N.E. 342, 265 N.Y. 607, 1934 N.Y. LEXIS 1206
Copy Citations
3 Citing Cases
Lead Opinion
Per Curiam.

Considering the fact that this is a summary proceeding, where prompt action is necessary, we find no question of law is presented which requires reversal. (Election Law [Cons. Laws, ch. 17], §§ 330, 335.)

The Supreme Court made such order as justice may require,” within the contemplation of the Election Law. (§ 330.) To order a new trial at this time for technical errors not affecting substantial rights would be a futility.

The order should be affirmed.

Pound, Ch. J., Crane, O’Brien, Hubbs, Crouch and Loughran, JJ., concur; Lehman, J., not sitting..

Order affirmed.