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MATTER OF HIRSCHFELD v. FEUER

35 N.Y.2d 176 (1974)

In the Matter of Abraham Hirschfeld, Appellant, v. Herbert Feuer et al., Constituting the Board of Elections of the City of New York, Respondents. Ramsey Clark et al., Respondents, and Howard Samuels et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided August 28, 1974.

Attorney(s) appearing for the Case

Eric Hirschhorn for appellant.

Adrian P. Burke, Corporation Counsel (Irwin L. Herzog and William P. DeWitt of counsel), for New York City Board of Elections, respondent.

Stephen Gillers for Ramsey Clark, respondent.

Charles B. Ortner for intervenors-respondents.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN and STALEY concur in Per Curiam opinion.

Per Curiam.

Appellant argues that the provision of subdivision 7 of section 242-a of the Election Law mandating rotation of the order of names of candidates on the ballot in New York City primary elections extends only to elections for offices whose geographical jurisdiction is exclusively within the corporate limits of the City of New York. If this interpretation of the statute were adopted, the rotation requirement...

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