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  5. 35 N.Y.2d 182 (1974)
 

NEALE v. HAYDUK

35 N.Y.2d 182 (1974)

Carol S. Neale et al., Respondents, v. Albert T. Hayduk et al., Constituting the Board of Elections of Westchester County, et al., Appellants.

Court of Appeals of the State of New York.

Reargued September 4, 1974.

Decided September 4, 1974.

Attorney(s) appearing for the Case

Gerald Harris, County Attorney (Lawrence J. Glynn of counsel), for appellants.

J. Henry Neale, Jr., respondent, pro se, and for Carol S. Neale, respondent.

Louis J. Lefkowitz, Attorney-General (David R. Spiegel and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge BREITEL and Judges STALEY and WITMER concur with Judge GABRIELLI; Judge WITMER concurs in a separate opinion in which Chief Judge BREITEL and Judges GABRIELLI and STALEY also concur; Judge JONES dissents in part and votes to modify in an opinion in which Judges WACHTLER and RABIN concur.

GABRIELLI, J.

Plaintiffs were enrolled as Democrats in New York County. They moved to Westchester County in May, 1974 and desire to vote in the September 10, 1974 Democrat primary. The County Board of Elections informed plaintiffs that they could register for the general election in November, but that they could not be treated as enrolled Democrats so as to be eligible for the September primary. They made out...

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