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LEAKS v. BD. OF ELECTIONS OF THE CITY OF NEW YORK

58 N.Y.2d 882 (1983)

Sylvester Leaks, Appellant, v. Board of Elections of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided February 11, 1983.

Attorney(s) appearing for the Case

H. Spencer Kupperman for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (James F. X. Hiler of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and judgment granted declaring that at the special election to be held on February 15, 1983 all persons who are then registered to vote in the 43rd Assembly District and who are then enrolled members of the Democratic Party are entitled to vote, and directing respondent Board of Elections of the City of New York to permit such voters to participate...

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