Kiley v. Coveney

Gulotta, J.,

concurs on constraint of Matter of Cherry v Hayduk (49 AD2d 934) and Matter of Smith v McNab (35 AD2d 744), in accordance with the following memorandum, in which Mangano, J., concurs. Were we writing upon a clean slate, we would be inclined to adopt the view expressed by Justice Benjamin in his dissent in Matter of Smith v McNab (supra), and hold that section 7-104 (formerly § 248) of the Election Law does not require the exclusion from the Independence Party line of the petitioner’s name as a candidate for the office of District Court Judge in Suffolk County merely because he is…