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MATTER OF FRIEDMAN v. CUOMO

39 N.Y.2d 81 (1976)

In the Matter of Albert Friedman, on Behalf of Himself and All Others Similarly Situated, Appellant, v. Mario Cuomo, as Secretary of State of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 25, 1976.

Attorney(s) appearing for the Case

Courtenay W. Hall and Louis R. Rosenthal for appellant.

Louis J. Lefkowitz, Attorney-General (Lawrence L. Doolittle and Ruth Kessler Toch of counsel), for Mario Cuomo, respondent.

Edward R. Patrick and David E. Blabey for New York State Board of Elections, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.

JONES, J.

We uphold the constitutionality of chapters 29 and 30 of the Laws of 1976. Those chapters, amending section 21 of the Election Law, effective March 11, 1976, establish a procedure whereby the preference for a presidential candidate of persons running for election as delegates and alternates to the 1976 conventions of the national political parties may be listed on the April, 1976 primary ballots. The...

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