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  5. 33 N.Y.2d 48 (1973)
 

MATTER OF DEVANE v. TOUHEY

33 N.Y.2d 48 (1973)

In the Matter of William F. Devane, Respondent, v. Carl E. Touhey, Appellant, and Thomas F. Donohue et al., Constituting the Board of Elections of Albany County, et al., Respondents. (And Other Proceedings.)

Court of Appeals of the State of New York.

Decided October 16, 1973.

Attorney(s) appearing for the Case

John W. Tabner for appellants.

Condon A. Lyons, County Attorney (Robert E. Harris of counsel), for Thomas F. Donohue and others, constituting the Board of Elections of Albany County, respondents.

Harvey M. Lifset for remaining respondents.

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

Chief Judge FULD and Judges BURKE, GABRIELLI, JONES and WACHTLER concur; Judge BREITEL taking no part.

JASEN, J.

On this direct appeal, appellants in each of these cases attack the constitutionality of section 138-b of the Election Law which provides that no candidate for an office, other than a judicial or State-wide office, shall be eligible to receive the nomination and to appear on the ballot as the candidate of both a party1 and an independent...

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