Hyperlawhypertext legal databasebeta Fotopoulos v. Board of Elections 45 N.Y.2d 807

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Fotopoulos v. Board of Elections

45 N.Y.2d 807 Court N.Y. Decision date 1978-09-01 English

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p. 807
In the Matter of Harry C. Fotopoulos, Appellant, v Board of Elections of the City of New York, Respondent. In the Matter of Harry C. Fotopoulos, Appellant, v Commissioners of the Board of Elections in the City of New York, and Alfred J. Perlen, Respondents.
Argued August 30, 1978;
decided September 1, 1978
p. 808
APPEARANCES OF COUNSEL
Harry R. Pollack for appellant.
Allen G. Schwartz, Corporation Counsel (Dean L. Silverberg, Joseph F. Bruno, Richard B. Cohen and Eugene B. Nathanson of counsel), for Board of Elections of the City of New York, respondent.
Agostinho Dias Reis and Douglas A. Kellner for Alfred J. Perlen, respondent.

OPINION OF THE COURT

Memorandum.

Orders of the Appellate Division affirmed, without costs. The statutory provisions for deferred effect of changed enrollments of voters previously registered are constitutional (Rosario v Rockefeller, 410 US 752 , reh den 411 US 959 ; see Election Law, §§ 5-304, 5-308). Since the only candidate proposed to be designated was not an enrolled member of the party for the required period, the designating petition was invalid. For the consequences of such an invalid designating petition, see Matter of Di Lorenzo v Heffernan ( 187 Misc 766 , affd 271 App Div 802 , affd 296 NY 687 ). (Cf. Matter of Grieco v

p. 809
Bader, 43 Misc 2d 245 , affd 21 AD2d 751 ; see, also, 1 Gassman, Election Law [2d ed], § 87, at p 480, 1977-1978 Cum Supp, at p 138.)

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Orders affirmed.

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