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MATTER OF BARRON v. BOARD OF ELECTIONS IN THE CITY OF NEW YORK

11 N.Y.3d 745 (2008)

In the Matter of INEZ D. BARRON et al., Respondents, v. BOARD OF ELECTIONS IN THE CITY OF NEW YORK, Appellant.

Court of Appeals of the State of New York.

Decided September 4, 2008.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Pamela Seider Dolgow, Stephen Kitzinger and John Hogrogian of counsel), for appellant.

Aaron D. Maslow, Brooklyn, for respondents.

Todd S. Valentine, Albany, for State Board of Elections, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the petition dismissed.

On April 8, 2008, Member of Assembly Diane Gordon representing the 40th Assembly District in Kings County was convicted of various felonies, and by operation of law her office became vacant (Public Officers Law § 30 [1] [e]). On April 16, 2008, the State Board of Elections certified the vacancy, for a term ending...

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