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MATTER OF O'SHAUGHNESSY v. DODD

63 N.Y.2d 812 (1984)

In the Matter of John F. O'Shaughnessy, Appellant-Respondent, v. Isabel R. Dodd et al., Constituting the Board of Elections of Nassau County, et al., Respondents, and Donald E. Belfi, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided October 9, 1984.

Attorney(s) appearing for the Case

James R. Moffatt for appellant-respondent.

Howard S. Kass for respondent-appellant.

Edward G. McCabe, County Attorney, for Board of Elections of Nassau County, respondent.

William D. Wall for Raymond Harrington, respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs, for the reason stated in the memorandum of that court.

A multiparty candidate has the same right to a drawing for ballot position as does a single party's nominee (Matter of Wolf v Acito, 42 N.Y.2d 1076). The only time the statutorily granted right to a drawing for ballot position under subdivision...

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