MATTER OF VALENTINE v. GREENE


27 N.Y.2d 662 (1970)

In the Matter of Thomas J. Valentine, Respondent, v. Theodore R. Greene and Board of Elections of Westchester County, Appellants.

Court of Appeals of the State of New York.

Decided June 16, 1970.


Attorney(s) appearing for the Case

Frank C. Praete, Jr. for Theodore R. Greene, appellant.

John J. S. Mead, County Attorney (Julius W. Cohn of counsel), for Board of Elections of Westchester County, appellant.

Andrew P. O'Rourke and John M. Burns, III for respondent.

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


Order reversed, without costs, and the judgment of Supreme Court, Westchester County, reinstated in the following memorandum: Although the office of Mayor of New Rochelle did not become vacant until five days after the Conservative Party authorized the candidacy of the appellant, the designating petitions were not circulated until after the office was certified vacant. Since the authorization of the Conservative Party, by the proper committee whose membership and term were...

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