MATTER OF OWENS v. SHARPTON


45 N.Y.2d 794 (1978)

In the Matter of Major R. Owens, Appellant, v. Alfred Sharpton et al., Respondents. In the Matter of Annie Nicholson et al., Appellants, v. Alfred Sharpton et al., Respondents.

Court of Appeals of the State of New York.

Decided September 1, 1978.


Attorney(s) appearing for the Case

H. Spencer Kupperman for appellants.

M. Douglas Haywoode for respondents.

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


MEMORANDUM.

The order insofar as appealed from should be affirmed, without costs. Respondent candidate was disqualified as a candidate in the Democratic primary election for the office of State Senator on a finding that he did not comply with the residency requirements of section 7 of article III of the State Constitution. No challenge was made to the signatures on the designating petitions themselves, and the petitions were...

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