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MATTER OF BALLETTA v. SEC'Y OF STATE OF THE STATE OF NEW YORK

45 N.Y.2d 860 (1978)

In the Matter of Vincent R. Balletta, Jr., Appellant, v. Secretary of State of the State of New York et al., Respondents, and Conservative Party of Nassau County, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided October 19, 1978.

Attorney(s) appearing for the Case

Leonard Weintraub and Eileen V. Crowley for appellant.

Bernard S. Meyer, Harold Ickes, Steven A. Chernis and Michele Turchin for Arthur D. Spatt, respondent and for intervenor-respondent.

Eli Mellan, respondent pro se.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE. Taking no part: Judge WACHTLER.

Order reversed, without costs, and the judgment of Supreme Court, Nassau County, as modified to provide for the reconvening of the Conservative Party Convention for the Tenth Judicial District on or before October 23, 1978, reinstated on the opinion by Mr. Justice LEO F. McGINITY at Special Term. (See, also, dissenting opinion of Mr. Justice FRANK A. GULOTTA, at the Appellate Division.) It is noted especially that the Judicial District...

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