New York Court of Appeals, 1978

Fotopoulos v. Board of Elections

New York Court of Appeals · Decided September 1, 1978

45 N.Y.2d 807; 381 N.E.2d 337; 409 N.Y.S.2d 130; 1978 N.Y. LEXIS 2231

Cases that cite this one

8 later published cases cite this decision.

Lorigo v. Masullo (New York Supreme Court, Erie County 2024)
Lorigo v. Masullo (New York Supreme Court, Erie County 2024)
Matter of Ferrandino v. Sammut (Appellate Division of the Supreme Court of New York 2020)
Dietl v. Board of Elections (New York Supreme Court 2017)
Plunkett v. Mahoney (Appellate Division of the Supreme Court of New York 1990)
Farley v. Mahoney (New York Supreme Court 1985)
Flaig v. McNab (Appellate Division of the Supreme Court of New York 1981)
MATTER OF OWENS v. Sharpton (N.Y. 1978)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

Orders of the Appellate Division affirmed, without costs. The statutory provisions for deferred effect of changed enrollments of voters previously registered are constitutional (Rosario v Rockefeller, 410 US 752, reh den 411 US 959; see Election Law, §§ 5-304, 5-308). Since the only candidate proposed to be designated was not an enrolled member of the party for the required period, the designating petition was invalid. For the consequences of such an invalid designating petition, see Matter of Di Lorenzo v Heffernan (187 Misc 766, affd 271 App Div 802, affd 296 NY 687). (Cf. Matter of Grieco v *809Bader, 43 Misc 2d 245, affd 21 AD2d 751; see, also, 1 Gassman, Election Law [2d ed], § 87, at p 480, 1977-1978 Cum Supp, at p 138.)

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Orders affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.