In the Matter of Michael Potter, Individually and as Chairman of The City Fusion Party, Appellant, and Vincent R. Impellitteri, Individually and as a Declared Candidate for Mayor, et al., Interveners, Appellants,
v.
William J. Heffernan et al., Constituting The Board of Elections of the City of New York, Respondents, and Chairmen of the Democratic County Committees for the Five Counties Constituting The City of New York et al., Interveners, Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
September 19, 1950.
September 19, 1950.
Attorney(s) appearing for the Case
Walter M. Weis (Edward Potter with him on the brief), for appellant.
George W. Whiteside (Edward R. Neaher and Alan S. Kuller with him on the brief), for Vincent R. Impellitteri, and Walter T. Shirley, individually and as Chairman of the Independent Citizens' Committee for the Election of Vincent R. Impellitteri as Mayor, interveners-appellants.
Louis J. Lefkowitz (Paxton Blair with him on the brief), for Chairmen of the Republican County Committees of the Five Counties Constituting the City of New York, interveners-appellants.
John P. McGrath, Corporation Counsel (W. Bernard Richland and Stanley Buchsbaum with him on the brief), for Board of Elections of The City of New York, respondent.
William J. O'Shea of counsel (Bernard Hershkopf and Jacob Markowitz with him on the brief; Jacob Markowitz, George Rosling, John L. Flynn, Joseph M. Lonergan and Irving Rivkin, attorneys), for Chairmen of the Democratic County Committees for the five counties constituting the City of New York, interveners-respondents.
Benjamin Gassman of counsel (Benjamin Gassman, Matthew M. Levy and Max Bloom, attorneys), for the Liberal Party of the Five Counties of the City of New York, intervener-respondent.
GLENNON, J. P., DORE, COHN and SHIENTAG, JJ., concur in Per Curiam opinion; VAN VOORHIS, J., concurs in part in memorandum.
Appellate Division of the Supreme Court of the State of New York, First Department.
Per Curiam.
We agree that the time between September 2 and midnight of September 9, 1950, within which independent nominating petitions might be obtained and filed was an adequate, sufficient and reasonable period. On the law applicable to the state of facts herein disclosed, the court should not have extended the time to file independent nominating petitions expressly fixed by chapter 329 of the Laws of 1950 (Election...
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