MATTER OF OTTINGER v. LOMENZO


35 A.D.2d 747 (1970)

In the Matter of Richard L. Ottinger, Respondent, v. John P. Lomenzo, as Secretary of State of The State of New York, et al., Appellants. (And Two Other Proceedings.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 1, 1970


Judgments validating petitions of respondents as candidates of the Conservation Party reversed on the law and the fact, without costs, and petitions dismissed.

Subdivision 4 of section 138 of the Election Law bars the adoption by a new party of an important and vital part of the name of an existing political party. Special Term's literal construction would defeat the manifest purpose of the statute, which is "to prevent all possibility of confusion in the minds of...

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