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MATTER OF O'BRIEN v. SKINNER

31 N.Y.2d 317 (1972)

In the Matter of Edward F. O'Brien et al., Respondents, v. Albert Skinner, as Sheriff of Monroe County, et al., Appellants.

Court of Appeals of the State of New York.

Decided November 3, 1972.

Attorney(s) appearing for the Case

Michael K. Consedine and William J. Stevens for appellants.

William D. Eggers, Ruth B. Rosenberg and David N. Kunkel for respondents.

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

Judges BERGAN, BREITEL, JASEN and GIBSON concur with Judge SCILEPPI; Chief Judge FULD and Judge BURKE dissent and vote to affirm in separate memoranda.

SCILEPPI, J.

Petitioners, 72 detainees at the Monroe County Jail awaiting trial on various charges or serving sentences on misdemeanor convictions, by this proceeding seek review of the County Board of Elections' refusal to allow them to register as absentee voters upon the ground that they were not "physically disabled" within the meaning of the applicable provisions of the Election Law; or, in the alternative...

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