MATTER OF IND. PARTY v. BD. OF ELECTIONS, N.Y. App. Div., Judgment, Law, casemine.com

Citation Codes

Equivalent Citations

citation codes

See more information ...

Smart Summary

In the Matter of INDEPENDENCE PARTY OF NEW YORK et al., Appellants, v. BOARD OF ELECTIONS IN THE CITY OF NEW YORK et al., Respondents, and NELSON A. DENIS et al., Respondents. In the Matter of NELSON A. DENIS et al., Respondents,

We find Election Law § 6-128 (4), which recognizes as the only identifiable body of individuals affiliated with a new party its slate of Statewide candidates and grants to a majority of that body the authority to adopt and certify rules, to be constitutional, facially and as well as applied herein. Therefore, we reverse the IAS Court which found the statute to be unconstitutional and reinstate the determination of the Board of Elections in the City of New York invalidating the Certificate of Nomination of Nelson Antonio Denis and validating the Certificate of Nomination of Francisco Diaz, Jr.

Concur — Murphy, P.J., Sullivan, Rubin, Kupferman and Ross, JJ.

MATTER OF IND. PARTY v. BD. OF ELECTIONS

In the Matter of INDEPENDENCE PARTY OF NEW YORK et al., Appellants, v. BOARD OF ELECTIONS IN THE CITY OF NEW YORK et al., Respondents, and NELSON A. DENIS et al., Respondents. In the Matter of NELSON A. DENIS et al., Respondents,

Comments