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MATTER OF CONTESSA v. McCARTHY

40 N.Y.2d 629 (1976)

In the Matter of Gordon Contessa et al., Appellants, v. Eugene J. McCarthy et al., Respondents.

Court of Appeals of the State of New York.

Decided October 27, 1976.

Attorney(s) appearing for the Case

Melvin L. Schweitzer, John B. Koegel, Sol R. Dunkin, Nicholas A. Clemente, Michael K. Feigenbaum and William J. Garry, New York City, for appellants.

John Carter Rice, Michael J. Cunningham and Thomas O. Kellogg, Albany, for respondents.

Chief Judge BREITEL and Judges JASEN, JONES and COOKE concur; Judge FUCHSBERG concurs in a separate concurring memorandum; Judges GABRIELLI and WACHTLER dissent and vote to affirm in a dissenting memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed. The Election Law requires an independent nominating petition for candidates to be voted for by voters of the entire State be signed by at least 20,000 voters, 100 of whom must reside in each of one half of the congressional districts in the State. (Election Law, § 138, subd 9, par [a].) To facilitate verification of compliance with the distribution requirement...

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