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  5. 45 N.Y.2d 807 (1978)
 

MATTER OF FOTOPOULOS v. BD. OF ELECTIONS OF THE CITY OF NEW YORK

45 N.Y.2d 807 (1978)

In the Matter of Harry C. Fotopoulos, Appellant, v. Board of Elections of the City of New York, Respondent. In the Matter of Harry C. Fotopoulos, Appellant, v. Commissioners of the Board of Elections in the City of New York, and Alfred J. Perlen, Respondents.

Court of Appeals of the State of New York.

Decided September 1, 1978.

Attorney(s) appearing for the Case

Harry R. Pollack for appellant.

Allen G. Schwartz, Corporation Counsel (Dean L. Silverberg, Joseph F. Bruno, Richard B. Cohen and Eugene B. Nathanson of counsel), for Board of Elections of the City of New York, respondent.

Agostinho Dias Reis and Douglas A. Kellner for Alfred J. Perlen, respondent.

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

MEMORANDUM.

Orders of the Appellate Division affirmed, without costs. The statutory provisions for deferred effect of changed enrollments of voters previously registered are constitutional (Rosario v Rockefeller, 410 U.S. 752, reh den 411 U.S. 959; see Election Law, §§ 5-304, 5-308). Since the only candidate proposed to be designated was not an enrolled member of the party...

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