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  5. 16 N.Y.2d 198 (1965)
 

MATTER OF BATTISTA v. POWER

16 N.Y.2d 198 (1965)

In the Matter of Vito P. Battista, Respondent, v. James M. Power et al., Constituting the Board of Elections of the City of New York, et al., Appellants; John V. Lindsay et al., Respondents, and Gerald J. Turetsky et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided October 28, 1965.

Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel (Robert E. Hugh of counsel), for Board of Elections of the City of New York, appellant.

Justin N. Feldman for Abraham D. Beame, appellant.

Robert MacCrate and David W. Peck for John F. Lindsay and others, respondents.

Lewis Abrahams and Maurice N. Abrahams for Vito P. Battista, respondent.

Maurice A. Reichman for intervenors-respondents.

Opinion by Chief Judge DESMOND in which Judges DYE, SCILEPPI and BURKE concur, the last named in a separate opinion in which Chief Judge DESMOND and Judges DYE and SCILEPPI concur; dissenting and voting to affirm: Judges FULD and VAN VOORHIS, in separate opinions in each of which the other concurs; Judge BERGAN concurs for affirmance for the reasons stated in the Per Curiam opinion at the Appellate Division.

Chief Judge DESMOND.

I vote to reverse the order appealed from and to reinstate the Special Term order. I do so under the compulsion of section 248 of the Election Law which in language too clear for misreading denies an additional "independent" column on the ballot to a candidate who already appears thereon as the candidate of two major parties. This old statute expresses a continuing legislative policy of preventing...

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