Opinion
Argued October 8, 1984
Decided October 9, 1984
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Alfred M. Lama, J.
James R. Moffatt for appellant-respondent.
Howard S. Kass for respondent-appellant.
Edward G. McCabe, County Attorney, for Board of Elections of Nassau County, respondent.
William D. Wall for Raymond Harrington, respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, without costs, for the reason stated in the memorandum of that court.
A multiparty candidate has the same right to a drawing for ballot position as does a single party's nominee ( Matter of Wolf v Acito, 42 N.Y.2d 1076). The only time the statutorily granted right to a drawing for ballot position under subdivision 2 of section 7-116 of the Election Law may be refused a candidate is when the exercise of that right might work a displacement on the ballot prejudicial to the candidates of other parties preferred under the provisions of subdivision 1 of section 7-116 of the Election Law ( Matter of Cooke v Lomenzo, 31 N.Y.2d 244, 247). Because the drawing by lot directed by the County Board of Elections is to be restricted to the Republican Row B candidates and is further restricted so as not to alter the position of the Democratic Row A candidates, it should be allowed to proceed ( Matter of Mintz v Cuomo, 45 N.Y.2d 918).
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.
Order affirmed, without costs, in a memorandum.