MATTER OF FERGUSON v. NEW YORK STATE LIBERAL PARTY STATE COMM.


90 A.D.2d 586 (1982)

In the Matter of James H. Ferguson, Jr., et al., Appellants, v. New York State Liberal Party State Committee et al., Respondents

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

October 8, 1982


The judgment of Trial Term must be affirmed since the issue of the propriety of the practice of minor parties in this State to substitute candidates had been squarely addressed by the Court of Appeals. In Matter of Mahoney v May (40 N.Y.2d 906), that court stated that unless there was evidence, beyond the practice itself, to establish actual deception of the voters, the practice would be tolerated in deference to the judgment of...

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