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MATTER OF CURRY v. HOSLEY

86 N.Y.2d 470 (1995)

657 N.E.2d 1311

634 N.Y.S.2d 28

In the Matter of James T. Curry, Appellant, v. Morrison J. Hosley, Jr., et al., Respondents.

Court of Appeals of the State of New York.

Decided October 26, 1995.

Attorney(s) appearing for the Case

Hancock & Estabrook, LLP, Syracuse (Alan J. Pierce and Patrick M. Connors of counsel), for appellant.

Muller and Muller, Glens Falls (Robert J. Muller of counsel), for Morrison J. Hosley, Jr., respondent.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (David J. Fried of counsel), for The New York State District Attorneys Association, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and CIPARICK concur in Per Curiam opinion; Judge LEVINE dissents and votes to affirm in a separate opinion.

Per Curiam.

Petitioner (James Curry), the Republican Party candidate, instituted this Election Law § 16-102 proceeding to remove respondent (Morrison Hosley) as a candidate on the November 7, 1995 ballot for the office of Hamilton County District Attorney. The sole issue before us is whether New York law permits Hosley, who is not an attorney, to serve as the District Attorney. We conclude that the legal nature of the...

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