Carson v. Lomenzo

On June 17, 1966, when this proceeding was begun, there was only one petition filed which designated a candidate for the Democratic primary for the office of Assemblyman from the 112th Assembly District. The time for filing any other such designating petition — or a petition for “ an opportunity to write in the name of a candidate ” — having expired (Election Law, §§ 143, 148, 314 [L. 1966, ch. 106]), there was to be no balloting for the aforesaid office at the primary election and, accordingly, the Democratic nominee had, in truth and fact, been selected (Election Law, § 149).

The petitioner…