Majority
p. 758In the Matter of Sheldon Silver, Appellant, v. Herbert J. Feuer et al., Constituting the Board of Elections of the City of New York, and Miriam Friedlander, Respondents, and Christopher McGrath, Appellant. Argued October 25, 1974; decided October 25, 1974.
p. 759
Sheldon Silver, appellant pro se.
Stuart C. Cohen for Christopher McGrath, appellant.
Paul E. Asofshy and Floyd E. Feldman for Miriam Fried-lander, respondent.
p. 760
Order affirmed, without costs* on the majority memorandum at the Appellate Division stressing the probabilities in a field of six candidates (see Matter of Ippolito v. Power, 22 N Y 2d 594 , involving but two candidates). It is not necessary, therefore, to reach the issue considered by the dissenter at the Appellate Division, namely, whether a new primary election, judicially directed, may be limited to exclude some regularly designated candidates. The Daubner case (Matter of Daubner v. Dinkins, 33 N Y 2d 649 ) would not be dispositive of the issue since it was not frontally raised there in the Court of Appeals (cf. Matter of Santucci v. Power, 25 N Y 2d 897 ).
Concur: Chief Judge Breitel and Judges Jasen, Gabrielh, Jones, "Waghtler and Babin. Taking no part: Judge Stevens.
Cases cited
- Ippolito v. Power 22 N Y 2d 594 p. 760
- Daubner v. Dinkins 33 N Y 2d 649 p. 760
- Santucci v. Power 25 N Y 2d 897 p. 760