In re O'Brien

Appellate Division of the Supreme Court of the State of New York

Decided November 2, 1910

Appellate Division of the Supreme Court of the State of New York · decided 1910-11-02

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.

Cited by 2 later decisions — most recently May 2012

1 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Decided 1910-11-02

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Ingraham, P. J.:

¶1In 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).

¶2The order appealed from is, therefore, affirmed.

¶3Laughlin and Clareé, JJ., concurred ; Scott and Miller, JJ., dissented.

¶4Order affirmed.