Ryan v. Albany County Democratic Committee — 47 N.Y.2d 963

Majority

p. 963

Charles W. Ryan et al., Appellants, v Albany County Democratic Committee et al., Respondents.

Argued June 6, 1979;

decided July 3, 1979

p. 964

APPEARANCES OF COUNSEL

John J. Lynch and Frederick G. Ziehm for appellants.

Robert G. Lyman, County Attorney (William J. Conboy, II, of counsel), for Albany County Legislature and another, respondents.

Douglas P. Rutnik for Albany County Democratic Committee and others, respondents.

John W. Tabner for Election Commissioners Association, State of New York, amicus curiae.

OPINION OF THE COURT

Order modified, without costs, by granting declaratory judgment in favor of defendants (see Lanza v Wagner, 11 NY2d

p. 965

317 , 334) and, as so modified, affirmed for the reasons stated in the memorandum at the Appellate Division.

Concur: Judges Jasen, Gabrielli, Jones, Wachtler and Meyer. Taking no part: Chief Judge Cooke and Judge Fuchs-berg.