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MATTER OF RAMOS v. ALPERT

41 A.D.2d 1012 (1973)

In the Matter of Jane Ramos, Individually and On Behalf of All Other Enrolled Members of the Democratic Party Similarly Situated, Respondent, v. Howard Alpert et al., Constituting The Board of Elections of the County of Albany, Respondents; Daniel O'Connell, as Chairman of The County Committee of the Democratic Party of Albany County, et al., Intervenors, and Joseph C. Frangella, as Chairman of The Republican Party of Albany County, Intervenor-Respondent. (Proceeding No. 1.) In the Matter of David Sawyer, Individually and On Behalf of All Other Enrolled Members of the Democratic Party Similarly Situated, Respondent, v. Howard Alpert et al., Constituting The Board of Elections of the County of Albany, Respondents; Daniel O'Connell, as Chairman of The County Committee of the Democratic Party of Albany County, et al., Intervenors-Appellants, and Joseph C. Frangella, as Chairman of The Republican Party of Albany County, Intervenor-Respondent. (Proceeding No. 2.) In the Matter of Joseph C. Frangella, as Chairman of The Albany County Republican Committee, Respondent, v. Howard Alpert et al., Constituting The Board of Elections of the County of Albany, Respondents. (Proceeding No. 3.)

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

May 31, 1973

Proceeding Nos. 1 and 2 were brought by independent Democratic candidates Ramos and Sawyer pursuant to CPLR article 78 to compel the Albany County Board of Elections to accept designating petitions submitted on their behalf. Proceeding No. 3 was brought pursuant to section 330 of the Election Law to compel the board to accept petitions submitted on behalf of certain Republican aldermanic candidates and petitions for opportunity to ballot in the Republican primary. The Chairman...

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