Addabbo v. O'Rourke — 27 N.Y.2d 645

Majority

p. 645

In the Matter of Domenick Addabbo, Respondent, v. Maurice J. O’Rourke et al., Constituting the Board of Elections of the City of New York, and Seymour Friedman, Appellant. In the Matter of Joseph P. Addabbo, Respondent, v. Maurice J. O’Rourke et al., Constituting the Board of Elections of the City of New York, and Seymour Friedman, Appellant. In the Matter of Angelo M. Surico et al., Respondents, v. James M. Power et al., Constituting the Board of Elections of the City of New York, and Seymour Friedman, Appellant.

Argued June 15, 1970;

decided June 16, 1970.

p. 647

James Pollock, Martin S. Rapaport and Anthony C. Castelbuono for appellant.

Eugene J. McMahon for respondents.

Orders affirmed, without costs, in the following memorandum.: The appellant, not being an enrolled member of the Democratic Party, is ineligible to be a candidate in the Democratic Party primary election. The requirement of enrollment in the Democratic Party to entitle one to be a candidate in a party primary election does not violate the Constitution of the United States.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.