Ristorucci v. Secretary of State of New York

Petitioner seeks an order directing the Secretary of State to place the name of Freedom and Peace party and its nominees for the office of presidential Electors on the voting machines throughout the State of New York at the general election to be held on November 5, 1968.

*1037Respondent moved to dismiss the proceeding on two grounds or contentions.

The first contention of the respondent, that the proceeding is untimely under subdivision 1 of section 330 of the Election Law, is unfounded. There is no time limit for proceedings under subdivision 3 pertaining, as this proceeding does, to the form and…