CORNING v. BD. OF ELECTIONS


113 Misc.2d 707 (1982)

Erastus Corning et al., Petitioners, v. Board of Elections of Albany County et al., Respondents.

Supreme Court, Special Term, Albany County.

August 2, 1982


Attorney(s) appearing for the Case

Fabian G. Palomino for petitioners. William Conboy, Assistant County Attorney, for Board of Elections of Albany County, respondent. John D. Doyle, County Attorney (Joseph C. Pilato of counsel), for Board of Elections of Monroe County, respondent. Robert J. Rossi, County Attorney, for Board of Elections of Onondaga County, respondent. Robert Abrams, Attorney-General (Lawrence L. Doolittle of counsel), for State of New York.


LAWRENCE E. KAHN, J.

Petitioners seek a judgment declaring that subdivision 2 of section 8-100 of the Election Law (as amd by L 1982, ch 97) is unconstitutional. They assert that it violates the equal protection clause of both the State and Federal Constitutions, as it applies to enrolled voters who would be eligible to vote in the primary election scheduled for September 23, 1982. The petition further seeks an order directing the Boards of Elections...

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