1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 32 N.Y.2d
  5. 32 N.Y.2d 903 (1973)
 

MATTER OF RAMOS v. ALPERT

32 N.Y.2d 903 (1973)

In the Matter of Jane Ramos, Individually and on Behalf of All Other Enrolled Members of the Democratic Party Similarly Situated, Appellant, v. Howard Alpert et al., as Commissioners of the Board of Elections of the County of Albany, Respondents. Daniel O'Connell, as Chairman of the Democratic Party of Albany County, et al., Intervenors-Appellants; Joseph C. Frangella, as Chairman of the Republican Party of Albany County, Intervenor-Appellant. (And Two Other Proceedings.)

Court of Appeals of the State of New York.

Decided June 1, 1973.

Attorney(s) appearing for the Case

Michael Feit for Jane Ramos and David Sawyer, appellants.

Evariste G. Lavigne, Jr. for Daniel O'Connell and others, intervenors-appellants.

John W. Tabner for Joseph C. Frangella, intervenor-appellant.

Condon A. Lyons, County Attorney, for respondents.

Concur: Chief Judge FULD and Judges JASEN, GABRIELLI, JONES and WACHTLER. Judge BURKE dissents and votes to reverse in the following memorandum: When the courts below held that there were 16 vacancies in the designation for Democratic Alderman under section 131 (subd. 7) of the Election Law, the holding of a primary was precluded. The vacancies must be filled by a majority vote of a quorum of the County Committee after primary day. The Appellate Division could not usurp the power of the County Committee. Taking no part: Judge BREITEL.

On both the main appeal and the cross appeals: Order affirmed, without costs, in the following memorandum: We affirm the order of the Appellate Division. Under the uncertainty of the primary procedures and the exigencies of the political calendar, it was appropriate for that court, in the interests of substantial justice, to direct a write-in primary to remedy the concededly late filing of the designating petitions filed with the Board of Elections...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases