MATTER OF HARDEN v. BD. OF ELECTIONS IN THE CITY OF NEW YORK


74 N.Y.2d 796 (1989)

In the Matter of Gloria Harden et al., Respondents, v. Board of Elections in the City of New York et al., Respondents. In the Matter of Joanne Bing, Respondent, v. Marshall Berger et al., Respondents. In the Matter of Steven H. Reisberg, Appellant, v. Joel H. Serebin et al., Respondents. In the Matter of Walter B. Tolub, Appellant, v. Joel H. Serebin et al., Respondents. (And Two Other Titles.)

Court of Appeals of the State of New York.

Decided August 31, 1989.


Attorney(s) appearing for the Case

Robert M. Harding for appellants.

Theodore S. Steingut for Gloria Harden and another, respondents.

Douglas A. Kellner for Joel Serebin and others, respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE and BELLACOSA concur in memorandum; Judge HANCOCK, JR., dissents and votes to affirm in an opinion; Judge ALEXANDER taking no part.


MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the applications for an order directing the Board of Elections to hold a write-in primary election denied.

The "opportunity to ballot" remedy fashioned in Matter of Hunting v Power (20 N.Y.2d 680) was designed to give effect to the intention manifested by qualified party members to nominate...

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