Opinion
October 1, 1970
Judgments validating petitions of respondents as candidates of the Conservation Party reversed on the law and the fact, without costs, and petitions dismissed. Subdivision 4 of section 138 of the Election Law bars the adoption by a new party of an important and vital part of the name of an existing political party. Special Term's literal construction would defeat the manifest purpose of the statute, which is "to prevent all possibility of confusion in the minds of the voters in connection with the election machinery." ( Matter of Marcantonio v. Heffernan, 192 Misc. 868, 869, affd. 274 App. Div. 880, affd. 298 N.Y. 661; Matter of McCarthy v. Lawley, 35 A.D.2d 126.) Herlihy, P.J., Staley, Jr., Cooke and Sweeney, JJ., concur; Aulisi, J., taking no part.