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MATTER OF CROCCO v. POWER

12 N.Y.2d 762 (1962)

In the Matter of Theresa E. Di Crocco, Appellant, v. James M. Power et al., Constituting the Board of Elections of the City of New York, and Joseph M. Leahey, Respondents. In the Matter of Joseph M. Leahey, Petitioner-Respondent, v. James M. Power et al., Constituting the Board of Elections of the City of New York, et al., Respondents, and Theresa E. Di Crocco, Appellant.

Court of Appeals of the State of New York.

Decided November 1, 1962.

Attorney(s) appearing for the Case

Robert B. Brady for appellant.

No appearance for respondents.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.

In the first above-entitled proceeding: Order of Appellate Division reversed, without costs, and application of appellant Di Crocco for an order declaring her independent nominating petition valid granted. Under subdivision 6 of section 138 of the Election Law, as the result of the amendment to then section 137 in 1945 (L. 1945, ch. 824), the signator of a designating petition for a candidate in a primary election who has not voted in such primary is not barred from signing...

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