Summary
In Matter of Burke v. Cohen (265 N.Y. 210), the court had before it the question of whether the Comptroller of the City of New York held a constitutional office.
Summary of this case from Matter of Roher v. DinkinsOpinion
Argued July 3, 1934
Decided July 3, 1934
Appeal from the Supreme Court, Appellate Division, First Department.
Samuel D. Smoleff and William M. Chadbourne for petitioner and William J. Schieffelin, as chairman of Citizens Union of the City of New York, appellants.
Walter M. Weis for Eustace Seligman, as treasurer of the City Fusion Party, appellant. William J. O'Shea, Jr., for Michael J. Cruise, as Clerk of the City of New York, respondent.
George W. Whiteside, J. Arthur Leve, John T. Dooling, Edward Ward McMahon, Seymour Mork, Theodore J. Groh, Charles W. Froessel and Charles Mulligan, Jr., for David H. Knott, as chairman of the New York County Democratic Committee et al., respondents. Matthew M. Levy for Socialist party of the city of New York, respondent.
In the light of fuller experience the distinction drawn by this court in People ex rel. Ward v. Scheu ( 167 N.Y. 292) between vacancies in offices created by the Constitution and vacancies in other city offices has proven impracticable. Inroads into the rule of that case create constant doubt. We now hold that article X, section 5, of the Constitution applies to all elective city offices.
The order should be affirmed without costs.
POUND, Ch. J., CRANE, LEHMAN, O'BRIEN, HUBBS, CROUCH and LOUGHRAN, JJ., concur.
Order affirmed.