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MATTER OF MONROE v. NEW YORK STATE BD. OF ELECTIONS

35 N.Y.2d 738 (1974)

In the Matter of Ann L. Monroe, Respondent, v. New York State Board of Elections, Respondent, and William R. Murray, Appellant.

Court of Appeals of the State of New York.

Decided October 18, 1974.

Attorney(s) appearing for the Case

Prescott C. Sook for appellant.

Louis J. Lefkowitz, Attorney-General (William J. Kogan and Ruth Kessler Toch of counsel), for State Board of Elections, respondent.

John W. Tabner for Ann L. Monroe, respondent.

Chief Judge BREITEL and Judges JASEN, JONES and RABIN concur in Per Curiam opinion; Judges GABRIELLI and WACHTLER dissent and vote to affirm on the memorandum at the Appellate Division; Judge STEVENS taking no part.

Per Curiam.

The Judicial Convention of the Conservative Party for the Third Judicial District was convened on September 14, 1974. Mr. Justice STALEY and Mr. Murray were duly nominated for designation as candidate of the Conservative Party for election as Justice of the Supreme Court in the Third Judicial District.

A motion was adopted with but a single dissenting vote that a first ballot be taken in three categories...

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