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CORNING v. BD. OF ELECTIONS OF ALBANY COUNTY

57 N.Y.2d 746 (1982)

Erastus Corning et al., Appellants, v. Board of Elections of Albany County et al., Respondents. Board of Elections of City of New York et al., Intervenors-Respondents. Anthony Barone, Individually and as Chairman of the Democratic Committee of the County of Chautauqua, et al., Respondents, v. Hugh L. Carey, as Governor of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided September 10, 1982.

Attorney(s) appearing for the Case

Fabian G. Palomino for Erastus Corning and others, appellants in the first above-entitled matter.

John D. Doyle, County Attorney (Joseph C. Pilato of counsel), for Board of Elections of Monroe County and others, respondents in the first above-entitled matter.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Ronald E. Sternberg of counsel), for intervenors-respondents in the first above-entitled matter.

Robert Abrams, Attorney-General (Richard Rifkin and Michael S. Buskus of counsel), respondent pro se, and for State Board of Elections, respondent, in the first above-entitled matter and for appellants in the second above-entitled matter.

John B. Walsh for Anthony Barone, respondent in the second above-entitled matter.

Irving Fudeman for Raymond Gallagher, respondent in the second above-entitled matter.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and MEYER. Judge FUCHSBERG dissents and votes to affirm in an opinion. Judge GABRIELLI taking no part.

In Matter of Corning v Board of Elections of Albany County: Order affirmed, without costs, for reasons stated in the Per Curiam opinion at the Appellate Division.

In Barone v Carey: Judgment, insofar as appealed from, reversed, without costs, and subdivision 2 of section 8-100 of the Election Law declared constitutional.

FUCHSBERG, J. (dissenting).

I believe that the judgment in the case brought by Anthony Barone,...

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