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GORENBERG v. ONONDAGA CO. BD. OF ELEC.

38 A.D.2d 145 (1972)

Steven Gorenberg et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. Onondaga County Board of Elections et al., Respondents In the Matter of Susan J. Bell et al., Appellants, v. Ida M. Rossi, as Republican Commissioner of Elections for The County of Oneida, et al., Respondents

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

January 20, 1972.

Attorney(s) appearing for the Case

Richard J. Brickwedde for Steven Gorenberg and others, appellants.

Ronald Crowley for Onondaga County Board of Elections, respondent.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and William Kogan of counsel), respondent.

Michael E. Getnick (Burt Neuborne of counsel), for Susan J. Bell and others, appellants.

Richard A. Frye (William Halpin of counsel), for Ida M. Rossi and others, respondents.

MARSH, J. P., WITMER and MOULE, JJ., concur with GABRIELLI, J.; CARDAMONE, J., dissents and votes to reverse the orders and grant the petitions in accordance with his dissenting opinion.

GABRIELLI, J.

The proceedings which are the subject of these appeals challenge the constitutionality of section 151 of the Election Law, as amended by chapter 1096 of the Laws of 1971, upon the stated grounds that it is violative of the due process guarantee of the Fourteenth Amendment, the equal protection clauses of the State and Federal Constitutions, as well as the Federal statute prohibiting different standards...

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