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SIWEK v. MAHONEY

39 N.Y.2d 159 (1976)

In the Matter of Donald J. Siwek, Respondent, v. Edward J. Mahoney et al., as Commissioners of Election in the County of Erie, Appellants, and New York State Board of Elections, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided April 1, 1976.

Attorney(s) appearing for the Case

James L. Magavern, County Attorney (Leonard G. Kriss of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Maryann S. Freedman and Ruth Kessler Toch of counsel), for intervenor-appellant.

Gregory Stamm for respondent.

Burt Neuborne, Jack Greenberg, Charles Williams, Oscar Garcia-Rivera, Herbert Teitelbaum, Joseph B. Robison and Stephen Jacoby for The New York Civil Liberties Union and others, amici curiae.

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

FUCHSBERG, J.

We hold that New York State's recently enacted uniform mail registration statute (Election Law, § 153) is valid.

Plaintiff, a registered voter in Erie County, challenges the validity of the statute under section 5 of article II of our State Constitution. The Supreme Court, Erie County, found the statute to be in contravention of that section. Pursuant to CPLR 5601 (subd [b], par 2)...

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