Judges: Desmond, Fuld, Van Voorhis, Bürke, Beegan, Keating, Scilepfi, Senator, Senate, Cohen
Filed Date: 10/27/1966
Status: Precedential
Modified Date: 10/19/2024
Court of Appeals of the State of New York.
Robert B. Brady for appellants.
Theodore D. Ostrow for respondents.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, BERGAN and KEATING. Dissent: Judge SCILEPPI.
Order of Appellate Division modified, without costs. The petition for the 15th Congressional District candidate is valid. The petition for Member of the Assembly in the 50th Assembly District is valid. The petition for State Senator and for Delegates to the Constitutional Convention in the 21st Senate District is invalid.
Judge SCILEPPI dissents and votes to reverse as to that part of the decision which invalidates the petition for State Senator and for Delegates to the Constitutional Convention in the 21st Senate District (see Matter of Garside v. Cohen, 265 N.Y. 606).