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CLARK v. CUOMO

66 N.Y.2d 185 (1985)

George L. Clark, Jr., Individually and as Chairman of the New York Republican State Committee, Appellant-Respondent, v. Mario M. Cuomo, as Governor of the State of New York, et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided October 22, 1985.

Attorney(s) appearing for the Case

Thomas J. Spargo for appellant-respondent.

Robert Abrams, Attorney-General (Robert Hermann, John Q. Driscoll and Christopher K. Hall of counsel), for respondents-appellants.

Arthur Eisenberg, Julius Chambers, Joel Berger and Lani Guinier for The League of Women Voters of New York State and others, amici curiae.

Judges MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur with Chief Judge WACHTLER; Judge JASEN dissents in part and votes to reverse on plaintiff's appeal in a separate opinion.

Chief Judge WACHTLER.

At issue in these cross appeals is the power of the Executive to implement a plan to facilitate the registration of potential voters by making registration forms and assistance available at State agencies.

I.

On July 9, 1984, Governor Cuomo issued Executive Order No. 43 (9 NYCRR 4.43), which established a program of voter registration...

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