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MATTER OF HUNTING v. POWER

20 N.Y.2d 680 (1967)

In the Matter of Roger B. Hunting, Appellant-Respondent, v. James M. Power et al., Constituting the Board of Elections of the City of New York, and Joseph A. Macchia et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided June 15, 1967.

Attorney(s) appearing for the Case

Michael J. McNulty, Richard L. Aronstein, Robert K. Ciulla and R. Andrew Boose for petitioner-appellant.

James J. Leff for respondents-appellants.

Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, KEATING and BREITEL. Dissent: Judges SCILEPPI and BERGAN.

Order affirmed, without costs, in a memorandum. The evident purpose of section 149 of the Election Law is to dispense with primary balloting when there is a candidate or slate without opposition. Because of the failure of the only pending designation, the court was empowered under section 330 of the Election Law to make an appropriate order as justice required, namely, to direct the board of elections to provide blank ballots in the pending primary, the intention having been...

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