Opinion
October 1, 1970
Judgment affirmed, without costs. There is no merit to appellant's contention that the Secretary of State erroneously permitted another emblem to be substituted. Appellant relies on Matter of Donnellon v. Heffernan ( 193 Misc. 97, affd. 274 App. Div. 880, affd. 298 N.Y. 656). In that case the court had held that the name "United Laborite Party" violated the statute in that the name included that of an existing political party ( Matter of Marcantonio v. Heffernan, 192 Misc. 868). The court upheld a refusal by the election board to permit a substitution of name, reasoning that confusion as to the party name might have induced the signatures on the petition. (See, also, Matter of Ottinger v. Lomenzo, 35 A.D.2d 747; Matter of McCarthy v. Lawley, 35 A.D.2d 126.) However, such is not the situation here, where the candidate's name was an integral part of the emblem, and, therefore, could not have misled or confused the signers of the petition. Herlihy, P.J., Aulisi, Staley, Jr., Cooke and Sweeney, JJ., concur.