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HUROWITZ v. BD. OF ELECTIONS

53 N.Y.2d 531 (1981)

In the Matter of Barry Hurowitz, Respondent, v. Board of Elections of the City of New York, Respondent, and William J. Garry et al., Appellants. (And Two Other Proceedings.)

Court of Appeals of the State of New York.

Decided September 3, 1981.

Attorney(s) appearing for the Case

Alan L. Lebowitz and Fabian G. Palomino for appellants.

Peter J. Kurshan and Alan Drezin for Barry Hurowitz, respondent.

Chief Judge COOKE and Judges GABRIELLI and FUCHSBERG concur with Judge JASEN; Judge MEYER dissents and votes to affirm in a separate opinion in which Judges JONES and WACHTLER concur.

JASEN, J.

Petitioner seeks to invalidate petitions designating BARRY HUROWITZ as a candidate for Civil Court Judge of the City of New York, Kings County, on the ground that his candidacy violates section 20 of article VI of the New York State Constitution. Judge HUROWITZ is currently serving as a Judge of the Civil Court of the City of New York, Kings County. He was elected to that position in the general election...

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