MATTER OF MADOLE v. BARNES


20 N.Y.2d 169 (1967)

In the Matter of James H. Madole, Appellant, v. Smith Barnes et al., Respondents.

Court of Appeals of the State of New York.

Decided June 15, 1967.


Attorney(s) appearing for the Case

Jeremiah S. Gutman for appellant.

James P. Tamsen and Thomas R. Hadaway for respondents.

Judges VAN VOORHIS, BURKE, BERGAN, KEATING and BREITEL concur with Chief Judge FULD; Judge SCILEPPI dissents and votes to affirm on the memorandum at the Appellate Division.


Chief Judge FULD.

On June 14, 1965, the Board of Supervisors of Orange County promulgated rules for the use of the courthouses in Goshen and Newburgh for other than judicial purposes. Insofar as relevant, the buildings were made available for such use only by "political parties, as defined in section 2(4) of the Election Law" — which defines a "party" as "any political organization which at the last preceding...

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