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ATKIN v. ONONDAGA CO. BD. OF ELECTIONS

30 N.Y.2d 401 (1972)

In the Matter of Nelson D. Atkin, II et al., Appellants, v. Onondaga County Board of Elections, Respondent. In the Matter of Robert J. Rabin, Appellant, v. Onondaga County Board of Elections, Respondent.

Court of Appeals of the State of New York.

Decided June 7, 1972.

Attorney(s) appearing for the Case

Frederick Alan Provorny for appellants.

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

Louis J. Lefkowitz, Attorney-General (William J. Kogan and Ruth Kessler Toch of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge FULD and Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON concur.

SCILEPPI, J.

Petitioners, who first became county residents in September, 1971, sought to register for the November 2, 1971 general election, but were refused registration because they would not have been residents of Onondaga County for three months prior to election day (see N. Y. Const., art. II § 1; Election Law, § 150). This proceeding under section 331...

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