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MATTER OF BUTTON v. DONOHUE

18 N.Y.2d 792 (1966)

In the Matter of Daniel E. Button, Appellant, v. Thomas F. Donohue et al., Constituting the Board of Elections of Albany County, Respondents.

Court of Appeals of the State of New York.

Decided October 20, 1966.

Attorney(s) appearing for the Case

John B. Cross and Jeffrey A. Austin for appellant.

John J. Clyne, County Attorney, for respondents.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.

Order affirmed, without costs. Section 248 of the Election Law is clear and constitutional. Our decision in Matter of Battista v. Power (16 N.Y.2d 198) overruled Matter of Belford v. Board of Elections of Nassau County (306 N.Y. 70). This decision is without prejudice to any application which appellant may make at Special Term with respect to the placement of the independent...

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