Matter of Ballien v. Ramos, Alpert

Full title: In the Matter of GLORIA BALLIEN et al., Appellants, v. JANE RAMOS et al.…

Court: Court of Appeals of the State of New York

Date published: Jun 1, 1973

300 N.E.2d 158 (N.Y. 1973)

300 N.E.2d 158

346 N.Y.S.2d 819

Opinion

Argued June 1, 1973

Decided June 1, 1973

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

Harvey M. Lifset for Gloria Ballien and Paul Feeley, appellants.

Jonathan Harvey and David A. Tate for Jane Ramos and David Sawyer, appellants.

Condon A. Lyons, County Attorney, for respondents.

On both the main appeal and the cross appeal: Order affirmed, without costs; no opinion.

Concur: Chief Judge FULD and Judges JASEN, GABRIELLI, JONES and WACHTLER. Judge BURKE dissents and votes to reverse upon the ground that section 131 (subd. 7) of the Election Law precludes the holding of a primary this year on the Democratic line (see Matter of Ramos v. Alpert, decided herewith). Taking no part: Judge BREITEL.