MATTER OF SCULLY v. LOMENZO


26 A.D.2d 118 (1966)

In the Matter of James E. Scully, Respondent, v. John P. Lomenzo, as Secretary of State of The State of New York, et al., Respondents; Edward S. Conway et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 30, 1966.


Attorney(s) appearing for the Case

John Tabner for appellants.

Con Cholakis for respondents.

Elmer M. Rasmussin for Rensselaer County Board of Elections, respondent.

John J. Clyne for Albany County Board of Elections, respondent.

Herbert H. Smith for Secretary of State, respondent.

BASTOW, J. P., GOLDMAN, HENRY and DEL VECCHIO, JJ., concur in Per Curiam opinion; MARSH, J., dissents and votes to reverse in separate opinion.


Per Curiam.

We are called upon to construe certain provisions of section 132 of the Election Law insofar as they are applicable to the election of delegates and alternate delegates to a judicial convention. This section prior to January 1, 1965 provided that such delegates should be elected from assembly districts.

The problem before us was created by the enactment of the so-called Reapportionment Compliance...

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