MATTER OF RIVERA v. ESPADA


98 N.Y.2d 422 (2002)

777 N.E.2d 235

748 N.Y.S.2d 343

In the Matter of PETER M. RIVERA et al., Appellants, v. PEDRO ESPADA, JR., Respondent, et al., Respondents, and THE SENATE OF THE STATE OF NEW YORK et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided August 30, 2002.


Attorney(s) appearing for the Case

Stanley Kalmon Schlein, Bronx, for appellants.

Lewis & Fiore, New York City (David L. Lewis of counsel), for Pedro Espada, Jr., respondent.

John Ciampoli, Albany, and Leahey & Johnson, P.C., New York City (Peter James Johnson, Peter James Johnson, Jr., and James P. Tenney of counsel), for intervenors-respondents.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and GRAFFEO concur in per curiam opinion; Judge ROSENBLATT taking no part.


OPINION OF THE COURT

Per Curiam.

This appeal concerns the interpretation of Election Law § 16-110 (2),* allowing cancellation of the enrollment of a member of a political party after a finding that the party enrollee is not in sympathy with party principles. Because we conclude that the political party's determination was based both on evidence subject to immunity conferred by the Speech or Debate Clause of the New York...

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