Opinion
Argued October 18, 1973
Decided October 23, 1973
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, RUSSELL G. HUNT, J.
George A. Katz and Marilyn Cohen for appellant.
Thomas J. Spargo and John W. Tabner for Charles D. Breitel and Caryl A. Russell, respondents.
Louis J. Lefkowitz, Attorney-General ( James G. McSparron and Ruth Kessler Toch of counsel), for John P. Lomenzo, Secretary of State, respondent.
Order affirmed, without costs, in the following memorandum: Contrary to the contention of the petitioner, the Secretary of State had power and jurisdiction to invalidate his independent nominating petition. Since the weight of evidence preponderates in favor of the findings of the Appellate Division, the order appealed from should be affirmed, without costs, on the opinion of that court. We would but add that, in reaching this decision, we have actually made our own tabulation and computations of the signatures in dispute.
Concur: Chief Judge FULD and Judges BURKE, GABRIELLI, JONES, WACHTLER, MARTUSCELLO and SHAPIRO fn_.
Designated pursuant to section 2 of article VI of the State Constitution in place of BREITEL and JASEN, JJ.