Legal Opinion

Fotopoulos v. Board of Elections

New York Court of Appeals

Decided September 1, 1978PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Orders of the Appellate Division affirmed, without costs. The statutory provisions for deferred effect of changed enrollments of voters previously registered are constitutional (Rosario v Rockefeller, 410 US 752, reh den 411 US 959; see Election Law, §§ 5-304, 5-308). Since the only candidate proposed to be designated was not an enrolled member of the party for the required period, the designating petition was invalid. For the consequences of such an invalid designating petition, see Matter of Di Lorenzo v Heffernan (187 Misc 766, affd 271 App Div 802, affd 296…

2Cases cited4 opinions

  1. Rosario v. RockefellerSupreme Court of the United States · 1973
  2. Di Lorenzo v. HeffernanNew York Supreme Court · 1946
  3. Matter of Di Lorenzo v. HeffernanNew York Court of Appeals · 1946
  4. Griego v. BaderNew York Supreme Court · 1964

3Cited by7 opinions

  1. MATTER OF OWENS v. SharptonNew York Court of Appeals · 1978
  2. Farley v. MahoneyNew York Supreme Court · 1985
  3. Plunkett v. MahoneyAppellate Division of the Supreme Court of the State of New York · 1990
  4. Dietl v. Board of ElectionsNew York Supreme Court · 2017
  5. Flaig v. McNabAppellate Division of the Supreme Court of the State of New York · 1981

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