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GELB v. BOARD OF ELECTIONS OF THE CITY OF NEW YORK

96 N.Y.2d 748 (2001)

748 N.E.2d 1069

725 N.Y.S.2d 273

IRVING A. GELB, Appellant, v. BOARD OF ELECTIONS OF THE CITY OF NEW YORK et al., Respondents.

Court of Appeals of the State of New York.

Decided February 20, 2001.

Attorney(s) appearing for the Case

Irving Gelb, appellant pro se.

Michael D. Hess, Corporation Counsel of New York City (Leonard Koerner, Larry A. Sonnenshein and Kathleen Alberton of counsel), for respondents.

Jackson Leeds, New York City, for Ellen Lampach and another, amici curiae.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

MEMORANDUM.

The certified question should not be answered in the circumstances of this case.

This Court previously accepted the following certified question from the United States Court of Appeals for the Second Circuit: "Is write-in voting available to an enrolled party voter in a contested primary election where no timely petition for opportunity to ballot has been filed?" (Gelb...

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