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86 A.D. 566

McShane v. Murphy

Appellate Division of the Supreme Court of the State of New York · decided 1903-07-01

Appeal by the complainant, John J. McShane,; from an order made by a justice of the Supreme Court at Chambers and entered in the office of the clerk of the county of Albany on the 8th day of September, 1903, denying the complainant’s motion to review and set aside the action of the mayor of the city of Cohoes in the appointment of election officials, and directing him to appoint election officers from a certain list filed with him and authenticated by the appellant as…

Decided 1903-07-01

Per Curiam :

¶1We think the justice sitting at Chambers had no power under section 11 of the Primary Election Law (Laws of 1899, chap. 473) to grant the relief asked for by the complainant, as the power of the mayor to appoint election officers is not given by that law, but by the Election Law (Laws of 1896, chap. 909, § 12, as amd. by Laws of 1901, chap. 95), and the summary jurisdiction given to justices under section 11 of the Primary Election Law only relates to ■the review of the action or neglect of a public officer or board with regard to a right given or duty prescribed by that act, and, therefore, the justice was right in denying the application for want •of power.

¶2The order should be affirmed, with ten dollars costs and •disbursements.

¶3All concurred.

¶4Order affirmed, with ten dollars costs and disbursements.

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