Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

In the Matter of PATRICK BEARY, Appellant, v. MAURICE NADJARI et al., and ALICE SACHS et al., Constituting the Board of Elections of the City of New York, Respondents.

MEMORANDUM. Order affirmed, without costs. Section 137 of the Election Law in requiring candidates to be enrolled members of the party in which they seek nomination does not expressly or by implication require that they be enrolled party members in the geographical area in which they seek office. Enrollment in a party, unless qualified, means enrollment in the State party. Candidate Nadjari is such an enrolled member whether or not he had effected a valid transfer of his registration and enrollment from Suffolk County to Queens County at the time his petitions were filed (see Matter of Wallace v Power, 10 N.Y.2d 790; cf. Matter of Basel v O'Rourke, 27 N.Y.2d 655; Matter of Sullivan v Power, 16 N.Y.2d 854, affg 24 A.D.2d 709; see, also, Matter of Wydler v Cristenfeld, 35 N.Y.2d 719). Consequently, it is not necessary to reach or resolve the involved statutory interplay in the Election Law addressed, in part, by the Appellate Division.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in a memorandum.

Order affirmed.

Use AI to get other relevant cases.

Comments

MATTER OF BEARY v. NADJARI, SACHS
(Aug 31, 1977)