Matter of Ind. Party v. Bd. of Elections

Full title: In the Matter of INDEPENDENCE PARTY OF NEW YORK et al., Appellants, v…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 9, 1995

213 A.D.2d 209 (N.Y. App. Div. 1995)

624 N.Y.S.2d 4

Opinion

March 9, 1995

Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).

We find Election Law § 6-128 (4), which recognizes as the only identifiable body of individuals affiliated with a new party its slate of Statewide candidates and grants to a majority of that body the authority to adopt and certify rules, to be constitutional, facially and as well as applied herein. Therefore, we reverse the IAS Court which found the statute to be unconstitutional and reinstate the determination of the Board of Elections in the City of New York invalidating the Certificate of Nomination of Nelson Antonio Denis and validating the Certificate of Nomination of Francisco Diaz, Jr.

Concur — Murphy, P.J., Sullivan, Rubin, Kupferman and Ross, JJ.