MATTER OF COOKE v. LOMENZO


31 N.Y.2d 244 (1972)

In the Matter of Lawrence H. Cooke, Appellant, v. John P. Lomenzo, as Secretary of State, et al., Respondents.

Court of Appeals of the State of New York.

Decided September 25, 1972.


Attorney(s) appearing for the Case

John S. McBride for appellant.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon, Ruth Kessler Toch and William J. Kogan of counsel), for John P. Lomenzo, respondent.

Edmund A. Koblenz for Domenick L. Gabrielli, Hugh R. Jones and Sol Wachtler, respondents.

John M. Armentano for Bernard S. Meyer, respondent.

Guggenheimer & Untermyer for Nanette Dembitz, respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL and GIBSON concur in Per Curiam opinion; Judges BURKE and JASEN dissent and vote to reverse in separate opinions.


Per Curiam.

Acting pursuant to the mandate of section 104 of the Election Law, the Secretary of State listed political parties on the ballot in accordance with the number of votes cast in the last gubernatorial election (Election Law, § 105). Accordingly, Republican candidates were positioned in the order of their certification to the Secretary of State and the candidates of the other parties were listed in such...

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