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MATTER OF BEARY v. ENGLISH

1 N.Y.2d 338 (1956)

In the Matter of Marie A. Beary, in Her Own Behalf and on Behalf of Persons Similarly Situated, Appellant, v. John F. English et al., Respondents.

Court of Appeals of the State of New York.

Decided May 31, 1956.

Attorney(s) appearing for the Case

Patrick J. Beary for appellant.

G. Burchard Smith, County Attorney (Francis J. Donovan of counsel), for William D. Meisser and another, respondents.

DESMOND, FULD and VAN VOORHIS, JJ., concur with DYE, J.; FROESSEL, J., dissents in an opinion in which CONWAY, Ch. J., and BURKE, J., concur.

DYE, J.

The petitioner, a candidate aggrieved, herewith challenges for insufficiency the form and contents of the Democratic party primary ballot proposed by the Nassau County Board of Elections (Election Law, § 330, subd. 3).

While section 11 of the Election Law requires, whenever the rules of the State committee provide for equal representation of the sexes from each unit — that the primary...

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