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MTR. OF YEVOLI v. CRISTENFELD

37 A.D.2d 153 (1971)

In the Matter of Lewis J. Yevoli et al., Respondents, v. Marvin D. Cristenfeld, as Chairman of The Nassau Democratic County Committee, et al., Appellants, and Joseph M. Margiotta, as Chairman of The Nassau Republican County Committee, et al., Intervenors-Appellants

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

June 30, 1971.

Attorney(s) appearing for the Case

Henry W. Schober for appellants.

George C. Pratt for intervenors-appellants.

Zinman & Chetkof (Eugene J. McMahon, Louis Orfan and Aaron Britvan of counsel), for respondents.

HOPKINS, Acting P. J., and BRENNAN, J., concur with BENJAMIN, J.; LATHAM and SHAPIRO, JJ., dissent and vote to reverse the judgment and to declare the provisions in the rules in question valid, with a joint opinion.

BENJAMIN, J.

The Democratic County Committee of Nassau County has adopted a rule1 that no person may receive its designation or nomination for political office other than judicial unless he signs an agreement to refuse the designation or nomination of any other party or independent body. The Nassau County Republican Committee has adopted a similar rule. Several members of the Democratic...

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