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MATTER OF MINTZ v. BOARD OF ELECTIONS IN THE CITY OF N.Y.

No. 127.

32 N.Y.3d 1054 (2018)

112 N.E.3d 848

87 N.Y.S.3d 542

2018 NY Slip Op 05958

In the Matter of PENNY MINTZ, Candidate for Female Member of the State Democratic Committee for the 66th Assembly District of New York, Appellant, v. BOARD OF ELECTIONS IN THE CITY OF NEW YORK, Respondent, and RACHEL LAVINE, Intervenor-Respondent.

Court of Appeals of New York.

Decided August 29, 2018.

Attorney(s) appearing for the Case

Advocates for Justice, Chartered Attorneys, New York City ( Arthur Z. Schwartz of counsel), for appellant.

Zachary W. Carter , Corporation Counsel, New York City ( Jane L. Gordon and Stephen Kitzinger of counsel), for respondent.

Kaplan Hecker & Fink LLP, New York City ( Roberta Kaplan and Gabrielle E. Tenzer of counsel), and Sarah K. Steiner , New York City, for intervenor-respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Assuming without deciding that the proceeding was properly commenced, the petition was properly denied. Election Law § 6-132 directs, among other things, that the public office or party position sought be identified on the designating petition. Further, where, as here, a political party provides by rule for equal representation of the sexes...

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