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MATTER OF MINTZ v. CUOMO

45 N.Y.2d 918 (1978)

In the Matter of Joseph D. Mintz, Respondent, v. Mario M. Cuomo, as Secretary of State of the State of New York, Respondent, and Thomas W. Wallace, as Executive Director of the Board of Elections of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 24, 1978.

Attorney(s) appearing for the Case

James B. Cantwell and Thomas P. Zolezzi, for New York State Board of Elections, appellant.

John J. Olszewski for John V. Rogowski, appellant.

John W. Tabner for Henry Gossel, appellant.

John Carter Rice for Joseph D. Mintz, respondent.

David E. Blabey for Vincent Doyle, respondent.

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

Per Curiam.

At the judicial nominating conventions held by the Democratic, Republican, Conservative and Liberal Parties to fill five vacancies in the office of Justice of the Supreme Court for the Eighth Judicial District, 10 candidates were nominated. The State Board of Elections, pursuant to subdivision 1 of section 7-116 of the Election Law, assigned, in descending order, a row on the election ballot to each party...

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