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BARONE v. CAREY

113 Misc.2d 711 (1982)

Anthony Barone, Individually and as Chairman of the Democratic Committee of the County of Chautauqua, et al., Plaintiffs, v. Hugh L. Carey, as Governor of the State of New York, et al., Defendants.

Supreme Court, Erie County.

August 17, 1982

Attorney(s) appearing for the Case

John B. Walsh for Anthony Barone, plaintiff. Irving Fudeman for Raymond F. Gallagher, plaintiff. Robert Abrams, Attorney-General (Peter B. Sullivan of counsel), for Hugh L. Carey and another, defendants. Stanley L. Zalen for New York State Board of Elections, defendant.

SAMUEL L. GREEN, J.

The sole issue in this declaratory judgment action is the constitutionality of a portion of subdivision 2 of section 8-100 of the Election Law. The statute provides that polls shall be open for voting in State primary elections between noon and 9:00 P.M. in all counties except in the City of New York and the Counties of Nassau, Suffolk, Westchester, Rockland and Erie where the polls shall be open between 6:00 A.M. and 9:00 P.M. This...

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