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 RICHARD D. McCARTHY, Appellant, v. JAMES R. LAWLEY et al., Constituting the Board of Elections of the County of Erie, et al., Respondents. In the Matter of RICHARD L. OTTINGER, Appellant,

In the first above-entitled proceeding: Order affirmed, without costs, on opinion at Appellate Division.

In each of the other proceedings: Order affirmed, without costs (see Matter of McCarthy v. Lawley, decided herewith).

Concur: Judges SCILEPPI, BREITEL, JASEN and GIBSON. Judges BURKE and BERGAN dissent in part and vote to modify by allowing a substitution of names in accordance with section 138 (subd. 4) of the Election Law. Chief Judge FULD dissents and votes to reverse in the following memorandum: Although I agree — with Judges BURKE and BERGAN — that, at the very least, a substitution of names should be allowed in accordance with section 138 (subd. 4) of the Election Law, I would go further and uphold the use of the name "Conservation" Party and validate the appellants' nominating petitions for the reasons stated in the opinion at Special Term in Matter of Ottinger v. Lomenzo. [ 64 Misc.2d 103.]

Use AI to get other relevant cases.

Comments

MATTER OF McCARTHY v. LAWLEY
(Oct 7, 1970)