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MATTER OF BRESSLER v. HOLT-HARRIS

30 N.Y.2d 529 (1972)

In the Matter of Mordecai Bressler, Appellant, v. John E. Holt-Harris, Jr. et al., Respondents.

Court of Appeals of the State of New York.

Decided February 10, 1972.

Attorney(s) appearing for the Case

Wayne M. Davis for appellant.

Andrew M. Pinckney for John E. Holt-Harris, Jr., respondent.

John J. Clyne, County Attorney, for Board of Elections of Albany County, respondent.

Concur: Judges BURKE, SCILEPPI, BERGAN and GIBSON. Judge JASEN dissents and votes to reverse in the following opinion in which Chief Judge FULD and Judge BREITEL concur.

Order affirmed, without costs, on the opinion at the Appellate Division.

JASEN, J. (dissenting).

The sole issue presented on this appeal is whether the name of the respondent should be stricken from the registry of voters for the City of Albany. Specifically, petitioner claims that the respondent was not qualified to remain registered from 121 South Lake Avenue in said city on the grounds that he was not a resident at that address.

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