Board of Education v. Burke

OPINION OF THE COURT

John W. Sweeny, J.

This is a proceeding within the scope of article 16 of the Election Law, styled by petitioner as an action seeking a declaratory judgment concerning the statutory right of the *370respondent to have his name placed on a ballot for the May 2, 1978 Port Jervis School Board election.

Respondent is a candidate for one of three open positions on said school board. The candidates receiving the two highest number of votes will fill five-year terms commencing July, 1978. The candidate receiving the third highest number of votes will fill a vacant position on the board…