Higby v. Mahoney

My analysis of the underpinnings and consequences of the court’s decision in Matter of Rutter v Coveney (38 NY2d 993) having been set forth "before the fact” when I coauthored the dissent in that case, I find no need to repeat them here. And, out of respect to the general principles of stare decisis and, of course, the possibility that my prognosis would prove wrong, until today I deferred to subsequent reiterations of that pronouncement as prevailing law. Now, after four years of experience in its practical effect on the electoral process of our State, I am convinced that, the majority’s…