Summary
In Button, the petitioner was nominated as a candidate for public office by the Republican Party, the Liberal Party and AIM, an independent body, which did not designate any other candidate for office. Affirming the clarity and constitutionality of section 248 of the Election Law, the court denied petitioner's request for a separate line as an independent candidate.
Summary of this case from Cornelius v. Bd. of ElectionsOpinion
Argued October 19, 1966
Decided October 20, 1966
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, T. PAUL KANE, J.
John B. Cross and Jeffrey A. Austin for appellant.
John J. Clyne, County Attorney, for respondents.
Order affirmed, without costs. Section 248 of the Election Law is clear and constitutional. Our decision in Matter of Battista v. Power ( 16 N.Y.2d 198) overruled Matter of Belford v. Board of Elections of Nassau County ( 306 N.Y. 70). This decision is without prejudice to any application which appellant may make at Special Term with respect to the placement of the independent emblem.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.