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Conservative Party v. New York State Board of Elections

88 N.Y.2d 998 Court N.Y. Decision date 1996-09-06 English

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p. 998
In the Matter of Conservative Party of the State of New York et al., Respondents, v New York State Board of Elections, Respondent, and Sue W. Kelly, Appellant.
Submitted September 5, 1996;
decided September 6, 1996

Motion for leave to appeal denied. Motion for a stay dismissed as academic. In this CPLR article 78 proceeding to prohibit the New York State Board of Elections from conducting a primary election, the Court of Appeals takes the opportunity to restate the rule that denial of a motion for leave to appeal is not equivalent to an affirmance and has no precedential value (see, e.g., Matter of Marchant v Mead-Morrison Mfg. Co., 252 NY 284 , 297-298 [Cardozo, Ch. J.]; Two Assocs. v Brown, 70 NY2d 792 ).

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