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CORNING v. BD OF ELECTIONS

88 A.D.2d 411 (1982)

Erastus Corning et al., Appellants-Respondents, v. Board of Elections of Albany County et al., Respondents, Attorney-General of the State of New York et al., Respondents-Appellants, and Board of Elections of the City of New York et al., Intervenors-Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 2, 1982

Attorney(s) appearing for the Case

Fabian G. Palomino for appellants-respondents.

Robert Abrams, Attorney-General (Richard Rifkin and Michael S. Buskus of counsel), for respondents-appellants.

John D. Doyle, County Attorney (Joseph C. Pilato of counsel), for Board of Elections of Monroe County.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Leonard Koerner and Ronald E. Sternberg of counsel), for Board of Elections of the City of New York and others, intervenors-appellants.

Lipsig, Sullivan & Liapakis for Thomas A. Holman and another, amici curiae.

SWEENEY, J. P., KANE, MAIN, MIKOLL and YESAWICH, JR., JJ., concur.

Per Curiam.

Subdivision 2 of section 8-100 of the Election Law provides that polls shall be open for voting in a primary election from 12:00 P.M. (noon) until 9:00 P.M., except in the City of New York and the Counties of Nassau, Suffolk, Westchester, Rockland and Erie where they are to be open from 6:00 A.M. to 9:00 P.M. The predecessor of section 8-100, former section 191 of the Election Law, provided for primary...

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