MTR. OF GIGANTE v. BD. OF ELECTIONS


63 Misc.2d 290 (1970)

In the Matter of Louis R. Gigante, Petitioner, v. Board of Elections of the City of New York, Respondent.

Supreme Court, Special Term, Bronx County.

May 25, 1970


Attorney(s) appearing for the Case

Patrick J. Haughey for petitioner. J. Lee Rankin, Corporation Counsel, for respondent.


ARNOLD G. FRAIMAN, J.

Petitioner, a Roman Catholic priest, is an announced candidate in the June 23, 1970 primary election of the Democratic Party for the nomination for the office of Member of Congress from the 21st Congressional District. The Election Law (§ 137, subd. 1) provides that a candidate in a primary election must be a duly enrolled member of the party whose nomination he seeks at the time he files his petitions.

In 1963, petitioner...

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