Matter of Coons v. Meisser

In Matter of Coons v. Meisser (26 A.D.2d 785 [1966], affd 18 N.Y.2d 692 [1966]), a Republican candidate for Congress in Nassau County executed an acceptance of the Conservative Party nomination. In reliance upon that acceptance, another candidate who had filed a designating petition for the same Conservative Party nomination filed a declination. In addition, the Conservative Party Committee also relied upon the candidate's original acceptance. The Appellate Division, Second Department, in Coons, disallowed the declination and reinstated the candidacy because of the reliance placed on the original acceptance by the Conservative Party as well as the other candidate. The Court found that an estoppel was created by this reliance. The Court of Appeals, in affirming the Appellate Division, noted merely that "[u]nder the circumstances of this case appellant Brennan was estopped from changing his position. We pass upon no other question. No opinion" (18 N.Y.2d at 694).