MTR. OF CORNING v. DONOHUE


37 A.D.2d 213 (1971)

In the Matter of Erastus Corning, 2nd, Respondent, v. Thomas F. Donohue et al., Constituting The Board of Elections of Albany County, Appellants, and Louis J. Lefkowitz, as Attorney-General of The State of New York, et al., Intervenors-Appellants

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

July 15, 1971.


Attorney(s) appearing for the Case

John J. Clyne, County Attorney, for appellants.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch, Jean M. Coon and William J. Kogan of counsel), intervenor-appellant.

Arthur J. Harvey (Beatrice F. Dunn of counsel), for League of Women Voters and others, intervenors-appellants.

Lawrence F. Klepper for Catherine Boddie and others, intervenors-appellants.

Harvey M. Lifset for respondent.

HERLIHY, P. J., REYNOLDS, GREENBLOTT, SWEENEY and SIMONS, JJ., concur.


Per Curiam.

This is an appeal from a judgment of the Supreme Court at Special Term, entered June 18, 1971 in Albany County, which (1) held chapter 462 of the Laws of 1970 inapplicable to the City of Albany after July 1, 1971; (2) declared subdivision 9 of section 2553 of the Education Law, as added by such chapter, unconstitutional; and (3) enjoined the Albany County Board of Elections from accepting for filing petitions...

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