Opinion
Argued June 1, 1973
Decided June 1, 1973
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, EDWARD S. CONWAY, J.
Michael Feit for Jane Ramos and David Sawyer, appellants. Evariste G. Lavigne, Jr. for Daniel O'Connell and others, intervenors-appellants.
John W. Tabner for Joseph C. Frangella, intervenor-appellant.
Condon A. Lyons, County Attorney, for respondents.
On both the main appeal and the cross appeals: Order affirmed, without costs, in the following memorandum: We affirm the order of the Appellate Division. Under the uncertainty of the primary procedures and the exigencies of the political calendar, it was appropriate for that court, in the interests of substantial justice, to direct a write-in primary to remedy the concededly late filing of the designating petitions filed with the Board of Elections on May 16.
Concur: Chief Judge FULD and Judges JASEN, GABRIELLI, JONES and WACHTLER.
When the courts below held that there were 16 vacancies in the designation for Democratic Alderman under section 131 (subd. 7) of the Election Law, the holding of a primary was precluded. The vacancies must be filled by a majority vote of a quorum of the County Committee after primary day. The Appellate Division could not usurp the power of the County Committee. Taking no part: Judge BREITEL.