Legal Opinion · Dissent

Ryan v. Albany County Democratic Committee

Appellate Division of the Supreme Court of the State of New York

Decided March 29, 1979Published

1Dissent

Sweeney and Main, JJ.,

dissent and vote to reverse in the following memorandum by Sweeney, J. Sweeney, J. (dissenting). We are unable to agree with the reasoning or result reached by the majority and, therefore, dissent and vote to reverse. We find no basis in the New York State Constitution, legislative history or the clear language of section 3-204 of the *1016Election Law for such a conclusion. The following undisputed facts, in addition to those enumerated by the majority, may be helpful in understanding the controversy. Plaintiff, Charles W. Ryan, has been the Albany County Democratic Election…

2Cases cited5 opinions

  1. Easley v. New York State Thruway AuthorityNew York Court of Appeals · 1956
  2. Lemmon v. . People.New York Court of Appeals · 1860
  3. Erikson v. HelfandAppellate Division of the Supreme Court of the State of New York · 1955
  4. Erikson v. HelfandNew York Court of Appeals · 1956
  5. Ryan v. Albany County Democratic CommitteeNew York Supreme Court · 1979

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