# Rosenshein v. Millspaugh

> New York Court of Appeals · October 23, 1973 · 33 N.Y.2d 727

URL: https://www.frixlaw.com/law-library/cases/5528567

## Case

- **Full name:** In the Matter of Sam Rosenshein v. Mildred Millspaugh, Constituting the Board of Elections of Sullivan County, and Bernard Ruderman, Respondents In the Matter of Joseph B. Kross v. Sam Rosenshein, and Mildred Millspaugh, Constituting the Board of Elections of Sullivan County
- **Court:** New York Court of Appeals
- **Decided:** October 23, 1973
- **Citations:** 33 N.Y.2d 727; 349 N.Y.S.2d 997; 304 N.E.2d 566; 1973 N.Y. LEXIS 993
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5528567

## Opinion text

In first above-entitled proceeding: Order reversed, without costs, and the judgment of Special Term directing the Board of Elections to accept petitioner’s certificate of designation filed by the People United Party reinstated. The proceeding commenced by the petitioner was timely pursuant to subdivision 2 of section 330 of the Election Law.
In second above-entitled proceeding: Order affirmed, without costs. The Appellate Division improperly dismissed this proceeding for untimeliness since it was timely commenced pursuant to subdivision 2 of section 330 of the Election Law. However, on the merits, we hold that the Committee on Vacancies was properly constituted and the certificate of nomination was valid. Accordingly, the order of the Appellate Division dismissing the proceedings should be affirmed on those grounds.
Concur: Chief Judge Fuld and Judges Búrke, Jasen, Gabrielli, Jones, Wachtler and Shapiro * .
Designated pursuant to section 2 of article VI of the State Constitution in place of Breitel, J.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5528567. Public record. Not legal advice.