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O'Shaughnessy v. Dodd

63 N.Y.2d 812 Court N.Y. Decision date 1984-10-09 English

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p. 812
In the Matter of John F. O’Shaughnessy, Appellant-Respondent, v Isabel R. Dodd et al., Constituting the Board of Elections of Nassau County, et al., Respondents, and Donald E. Belfi, Respondent-Appellant.
Argued October 8, 1984;
decided October 9, 1984
p. 814
APPEARANCES OF COUNSEL
James R. Moffatt for appellant-respondent.
Howard S. Kass for respondent-appellant.
Edward G. McCabe, County Attorney, for Board of Elections of Nassau County, respondent.
William D. Wall for Raymond Harrington, respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs, for the reason stated in the memorandum of that court.

A multiparty candidate has the same right to a drawing for ballot position as does a single party’s nominee (Matter of Wolf v Acito, 42 NY2d 1076 ). The only time the statutorily granted right to a drawing for ballot position under subdivision 2 of section 7-116 of the Election Law may be refused a candidate is when the exercise of that right might work a displacement on the ballot prejudicial to the candidates of other parties preferred under the provisions of subdivision 1 of section 7-116 of the Election Law (Matter of Cooke v Lomenzo, 31 NY2d 244 , 247). Because the drawing by lot directed by the County Board of Elections is to be restricted to the Republican Row B candidates and is

p. 815
further restricted so as not to alter the position of the Democratic Row A candidates, it should be allowed to proceed (Matter of Mintz v Cuomo, 45 NY2d 918 ).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

Order affirmed, without costs, in a memorandum.

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