New York Court of Appeals, 1970

McCarthy v. Lawley

McCarthy v. Lawley
New York Court of Appeals · Decided October 7, 1970
27 N.Y.2d 754; 263 N.E.2d 560; 315 N.Y.S.2d 141; 1970 N.Y. LEXIS 1082

McCarthy v. Lawley

Opinion of the Court

In the first above-entitled proceeding: Order affirmed, without costs, on opinion at Appellate Division.

In each of the other proceedings: Order affirmed, without costs (see Matter of McCarthy v. Lawley, decided herewith).

Concur: Judges Scileppi, Breitel, Jasen and Gibson. Judges Burke and Bergan dissent in part and vote to modify by allowing a substitution of names in accordance with section 138 (subd. 4) of the Election Law. Chief Judge Fuld dissents and votes to reverse in the following memorandum: Although I agree—with Judges Burke and Bergan—that, at the very least, a substitution of names should be allowed in accordance with section 138 (subd. 4) of the Election Law, I would go further and uphold the use of the name “ Conservation ” Party and validate the appellants’ nominating petitions for the reasons stated in the opinion at Special Term in Matter of Ottinger v. Lomenzo. [64 Misc 2d 103.]

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