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RABIN v. ONONDAGA CO. BD. OF ELECTIONS

37 A.D.2d 471 (1971)

In the Matter of Robert J. Rabin et al., Appellants, v. Onondaga County Board of Elections, Respondent

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

December 2, 1971.

Attorney(s) appearing for the Case

Frederick Alan Provorny for appellants.

New York Civil Liberties Union for Robert J. Rabin, appellant.

Eli Gingold, County Attorney (Ronald Crowley of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General (William Kogan of counsel), for State of New York.

MARSH, J. P., WITMER, GABRIELLI and CARDAMONE, JJ., concur.

MOULE, J.

We have for consideration the question of the constitutionality of section 1 of article II of the New York State Constitution and section 150 of the Election Law under the Fourteenth Amendment to the United States Constitution. Both provide that a citizen of the State of New York is not qualified to vote if he is not a resident "of the county, city, or village for three months next preceding an election...

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