Balletta v. Secretary of State — 45 N.Y.2d 860

Majority

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In the Matter of Vincent R. Balletta, Jr., Appellant, v Secretary of State of the State of New York et al., Respondents, and Conservative Party of Nassau County, Intervenor-Respondent.

Argued October 18, 1978;

decided October 19, 1978

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APPEARANCES OF COUNSEL

Leonard Weintraub and Eileen V. Crowley for appellant.

Bernard S. Meyer, Harold Ickes, Steven A. Chernis and Michele Turchin for Arthur D. Spatt, respondent and for intervenor-respondent.

Eli Mellan, respondent pro se.

OPINION OF THE COURT

Order reversed, without costs, and the judgment of Supreme Court, Nassau County, as modified to provide for the reconvening of the Conservative Party Convention for the Tenth Judicial District on or before October 23, 1978, reinstated on the opinion by Mr. Justice Leo F. McGinity at Special Term. (See, also, dissenting opinion of Mr. Justice Frank A. Gu

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lotta, at the Appellate Division.) It is noted especially that the Judicial District Convention is powerless to vary the party committee rules with respect to the requirement that "[a]ll nominations at any convention shall be made by a majority vote of the delegates present and voting” (Rules and Regulations of the Conservative Party of the State of New York, art VIII, § 4). Application of the State Board of Elections to "permit the immediate printing and distributing of absentee ballots bearing the names of the candidates nominated up to the date of this court’s decision”, and the associated application of the Nassau County Board of Elections, denied.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Fuchsberg and Cooke. Taking no part: Judge Wachtler.