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DAVIDSON v. EASTMAN

35 N.Y.2d 735 (1974)

Joan K. Davidson, Respondent, and Alexander B. Grannis, Intervenor-Respondent, v. Erlich E. Eastman et al., Constituting the Board of Elections of the City of New York, Respondents, and New York County Liberal Party, Appellant. (And Other Proceedings.)

Court of Appeals of the State of New York.

Decided October 18, 1974.

Attorney(s) appearing for the Case

Edward A. Morrison for New York County Liberal Party, appellant.

John F. Haggerty for Roy M. Goodman, intervenor-appellant.

Justin N. Feldman and Sharon Spring for Robert M. Morgenthau, intervenor-appellant.

Edward N. Costikyan, Steven Finell and William Josephson for Joan K. Davidson and Alexander B. Grannis, respondents.

Jack B. Levitt for Richard Kuh, respondent.

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

MEMORANDUM.

We construe the ultimate objective of these three proceedings to be to strike the designations of three candidates. The procedure to accomplish this objective is to be found in subdivision 1 of section 330 of the Election Law.

The particular defect on the basis of which the challenge here is grounded is failure to file the required authorizations under subdivision 4 of section 137 of the Election Law....

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