New York Court of Appeals, 1996

MATTER OF CONSERVATIVE PARTY OF THE STATE OF NEW YORK v. New York State Bd. of Elections

MATTER OF CONSERVATIVE PARTY OF THE STATE OF NEW YORK v. New York State Bd. of Elections
New York Court of Appeals · Decided September 6, 1996
88 N.Y.2d 998; 671 N.E.2d 1265; 648 N.Y.S.2d 868; 1996 N.Y. LEXIS 2767

MATTER OF CONSERVATIVE PARTY OF THE STATE OF NEW YORK v. New York State Bd. of Elections

Opinion

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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