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GRAZIANO v. COUNTY OF ALBANY

3 N.Y.3d 475 (2004)

821 N.E.2d 114

787 N.Y.S.2d 689

In the Matter of JOHN A. GRAZIANO, as Election Commissioner of the County of Albany and as Member of the Board of Elections of the County of Albany, Appellant, v. COUNTY OF ALBANY et al., Respondents.

Court of Appeals of the State of New York.

Decided November 30, 2004.

Attorney(s) appearing for the Case

DerOhannesian & DerOhannesian, Albany (Paul DerOhannesian II of counsel), for appellant.

Michael C. Lynch, County Attorney, Albany, for respondents.

Judges CIPARICK, READ and R.S. SMITH concur with Judge GRAFFEO; Judge ROSENBLATT dissents in part and votes to affirm in a separate opinion in which Chief Judge KAYE and Judge G.B. SMITH concur.

OPINION OF THE COURT

GRAFFEO, J.

The issue on appeal is whether a single election commissioner may bring suit to challenge county actions that allegedly impair the equal representation of the major political parties in the staffing of a local board of elections. We conclude that the right to pursue such a claim is implicit in the constitutional and statutory requirement of balanced partisan representation on local boards of elections.

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