MATTER OF HOLTZMAN v. POWER


27 N.Y.2d 628 (1970)

In the Matter of Elizabeth Holtzman et al., Respondents, v. James M. Power et al., Constituting the Board of Elections of the City of New York, Respondents, and Louis J. Lefkowitz, Attorney-General of the State of New York, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided June 15, 1970.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Mark T. Walsh and Samuel A. Hirshowitz of counsel), for intervenor-appellant.

Gerald A. Novack, Michael O. Finkelstein, David N. Ellenhorn, David Bernfeld, Stephen Gillers, Martin Senzel and Michael Varet for petitioners-respondents.

Concur: Chief Judge FULD and Judge BERGAN, BREITEL, JASEN and GIBSON. Judges BURKE and SCILEPPI dissent and vote to reverse for the reasons stated in the opinion by GELLINOFF, J., at Special Term, dated May 20, 1970 (), as to the constitutional grounds.


Order affirmed, without costs, on the opinion by LANE, J., at Special Term dated...

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