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  5. 32 N.Y.2d 904 (1973)
 

MATTER OF BALLIEN v. RAMOS

32 N.Y.2d 904 (1973)

In the Matter of Gloria Ballien et al., Appellants, v. Jane Ramos et al., Appellants, and Howard Alpert et al., as Commissioners of the Board of Elections of the County of Albany, Respondents. In the Matter of David Sawyer et al., Appellants, v. Gloria Ballien et al., Appellants, and Howard Alpert et al., as Commissioners of the Board of Elections of the County of Albany, Respondents.

Court of Appeals of the State of New York.

Decided June 1, 1973.

Attorney(s) appearing for the Case

Harvey M. Lifset for Gloria Ballien and Paul Feeley, appellants.

Jonathan Harvey and David A. Tate for Jane Ramos and David Sawyer, appellants.

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 upon the ground that section 131 (subd. 7) of the Election Law precludes the holding of a primary this year on the Democratic line (see Matter of Ramos v. Alpert, decided herewith). Taking no part: Judge BREITEL.

On both the main appeal and the cross appeal: Order affirmed, without costs...

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