MATTER OF HOTTINGER v. COVENEY


33 N.Y.2d 742 (1973)

In the Matter of Philip E. Hottinger, Respondent, v. Frank Coveney et al., Constituting the Board of Elections of Suffolk County, Appellants.

Court of Appeals of the State of New York.

Decided October 25, 1973.


Attorney(s) appearing for the Case

John M. Armentano for motion.

George W. Percy, Jr., County Attorney (Patrick A. Sweeney of counsel), opposed.

Concur: Chief Judge FULD and Judges BURKE, JASEN, GABRIELLI, JONES and WACHTLER. Taking no part: Judge BREITEL.


Motion denied. The Board of Elections could have easily complied with the judgment of Special Term, as unanimously affirmed by the Appellate Division, in permitting registration at local polling places rather than at the town halls. It is unfortunate that, in this instance, it chose instead to take advantage of the stays afforded by the CPLR to effectively frustrate petitioner's ability to have this issue finally determined prior to the forthcoming election. Given the circumstances...

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