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MTR. CARR v. BD. OF ELECTIONS

40 N.Y.2d 556 (1976)

In the Matter of Herbert Carr, as Chairman of the Liberal Party Judicial Convention, 10th Judicial District, Respondent, v. New York State Board of Elections, Appellant.

Court of Appeals of the State of New York.

Decided October 21, 1976.

Attorney(s) appearing for the Case

Stanley L. Zalen, David E. Blabey and Edward R. Patrick, Albany, New York, for appellant.

Irving A. James, Jericho, New York, for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.

Per Curiam.

On September 28, 1975, the Liberal Party held a Judicial Convention in the 10th Judicial District to nominate candidates for three vacancies in the offices of Justices of the Supreme Court to be filled at the 1975 general election. Certificates of nomination for the three candidates chosen, mailed on October 1, 1975 to the State Board of Elections, were rejected by the board as untimely under subdivision 5 of

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