MATTER OF BEATTY v. Owens

57 N.Y.2d 952 (1982)

In the Matter of Vander L. Beatty, Respondent,

v.

Major Owens, Appellant, et al., Respondents.

Court of Appeals of the State of New York.

Argued October 25, 1982.

Decided October 25, 1982.

Victor A. Kovner for appellant.

Harry R. Pollak for respondent.

Chief Judge COOKE and Judges GABRIELLI, WACHTLER, FUCHSBERG and MEYER concur; Judges JASEN and JONES dissent and vote to affirm in a separate memorandum.

MEMORANDUM.

Never before have we imposed the sanction of depriving a primary candidate of an election victory absent a showing of that candidate's responsibility for the fraud or…