McSweeney v. Republican County Committee

Motions 1 and 2 on the calendar of December 2,1969 are consolidated and disposed of together.

Under the facts of this case the court lacks jurisdiction to entertain this proceeding pursuant to section 330 of the Election *870Law. The court does, however, have jurisdiction to consider the relief requested pursuant to article 78 of the CPLR (see in this connection CPLR 3026).

Turning directly to the merits, the court finds that the rules of the Republican County Committee of Bronx County, adopted at its meeting on October 6, 1969, violate the Election Law in several respects and, to that extent, are…