Smith v. McNab

Rabin, Acting P. J., Hopkins, Martuseello and Latham, JJ., concur; Benjamin, J., dissents and votes to reverse the judgment and grant the application, with the following memorandum: In my opinion, Matter of Battista v. Power (16 N Y 2d 198) is distinguishable and should not control our disposition of the instant ease. In Battista, a group of candidates already occupying two party lines on the ballot sought a third, independent line as a group, contrary to section 248 of the Election Law. I do not construe section 248 to require the exclusion from an independent party line of such candidates…