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Matter of Stempel v. Albany County Board of Elections

Court of Appeals of the State of New York
Oct 27, 1983
60 N.Y.2d 801 (N.Y. 1983)

Opinion

Argued October 25, 1983

Decided October 27, 1983

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, CON. G. CHOLAKIS, J.

Thomas J. Spargo for appellants-respondents.

Robert G. Lyman, County Attorney ( William J. Conboy, II, of counsel), for Albany County Board of Elections, respondent-appellant.

James E. Long for Joan M. Byrne and others, respondents-appellants.


MEMORANDUM.

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

Petitioners, not being members of the political party whose certificates of nomination naming certain persons as candidates for various town offices at the next general election are being challenged, do not have standing to object to those candidacies (see Matter of Wydler v Cristenfeld, 35 N.Y.2d 719; Matter of Menendez v McNab, 83 A.D.2d 893, mot for lv to app den 54 N.Y.2d 769; Election Law, § 16-102).

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

Order affirmed, without costs, in a memorandum.


Summaries of

Matter of Stempel v. Albany County Board of Elections

Court of Appeals of the State of New York
Oct 27, 1983
60 N.Y.2d 801 (N.Y. 1983)
Case details for

Matter of Stempel v. Albany County Board of Elections

Case Details

Full title:In the Matter of RUDOLPH V. STEMPEL et al., Appellants-Respondents, v…

Court:Court of Appeals of the State of New York

Date published: Oct 27, 1983

Citations

60 N.Y.2d 801 (N.Y. 1983)
469 N.Y.S.2d 687
457 N.E.2d 793

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