UNITED OSSINING PARTY v. HAYDUK

No. 71 Civ. 3849.

357 F.Supp. 962 (1971)

UNITED OSSINING PARTY et al., Plaintiffs, v. Albert T. HAYDUK and William J. Van Wart, Defendants.

United States District Court, S. D. New York.

November 1, 1971.

On Application For Modification November 1, 1971.


Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for plaintiffs; Martin London and Lewis A. Kaplan, New York City, of counsel.

John J. S. Mead, County Atty., White Plains, N. Y., for defendants; John J. Sherlock, Sr., Asst. County Atty., Cono J. Ioppolo, Asst. County Atty., of counsel.

Louis J. Lefkowitz, Atty. Gen., of New York, for intervenor State of New York; New York City, Samuel A. Hirshowitz, First Asst. Atty. Gen., Harvey E. Soicher, Asst. Atty. Gen., of counsel.

Before MANSFIELD, Circuit Judge, and WYATT, and POLLACK, District Judges.


MANSFIELD, Circuit Judge:

Under attack in this action is the recently enacted amendment of the New York Election Law, § 138-b, Chapter 1179 of the Laws of New York 1971, which became effective on July 6, 1971. It places certain restrictions on cross-endorsements of candidates for public office, i. e., the nomination and appearance on the ballot of a person as a candidate of both (1) a political party and (2) an independent group or body. The Election Law, §...

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