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STEVENSON v. POWER

27 N.Y.2d 152 (1970)

In the Matter of Edward Stevenson, Appellant, v. James M. Power et al., Constituting the Board of Elections of the City of New York, et al., and Louis Nine, Respondent.

Court of Appeals of the State of New York.

Decided September 21, 1970.

Attorney(s) appearing for the Case

Paul A. Victor and Mary Johnson Lowe for appellant.

Benjamin Gassman for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

MEMORANDUM.

In a Democratic primary election held on June 23, 1970, 5,507 voters participated in the 78th Assembly District and of that number 1,859 voted for the election of a nominee for the office of Assemblyman. Petitioner-appellant, Edward Stevenson, receiving 642 votes, lost the nomination to respondent Louis Nine who had received 715 votes. Albert Brooks, Jr., another candidate, received 502 votes. The petitioner,...

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