Opinion
June 14, 1967
Appeal by the Albany County Board of Elections and William McCaffrey, Democrat candidate for Alderman in the City of Albany's 12th Ward, together with two members of the Conservative party, from a Special Term decision striking the names of 22 Democrat candidates from the Conservative party line, and invalidating McCaffrey's candidacy on the grounds of his residency. We are unable to find that petitioner is a candidate aggrieved with regard to the Conservative indorsements. Furthermore, the candidates affected were not served or made parties. As to McCaffrey, we find the evidence insufficient to show that he abandoned permanently and irrevocably his 12th Ward residence at 728 Central Avenue. ( Matter of Chance v. Power, 10 N.Y.2d 792; Matter of Gladwin v. Power, 14 N.Y.2d 771.) In view of this conclusion, we do not pass upon the question whether there exists any requirement of residency beyond that contained in section 3 Pub. Off. of the Public Officers Law. Order reversed, on the law and the facts, and petition dismissed, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum Per Curiam.