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MATTER OF ROSENTHAL v. HARWOOD

35 N.Y.2d 469 (1974)

In the Matter of I. Stanley Rosenthal, Appellant-Respondent, v. Stanley Harwood, as Chairman of the Nassau County Democratic Committee, et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided December 19, 1974.

Attorney(s) appearing for the Case

Eli Wager and Allan L. Winick for respondents-appellants.

Peter J. Byrnes for appellant-respondent.

George C. Pratt and John P. Cleary for Nassau County Republican Committee, amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI and STEVENS concur; Judges WACHTLER and RABIN taking no part.

JONES, J.

We hold invalid as applied to a candidate for judicial office a provision of the internal by-laws of a political party limiting nominations by that party to one who has agreed to refuse to accept the nomination of any other political party.

Article VII (§ 1, subd. f) of the by-laws of the Nassau County Democratic Committee provided as follows: "Designations or nominations shall be made...

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