Wydler v. Cristenfeld

I concur for affirmance, but not for the reason espoused by the court. Within the intendment of section 330 of the Election Law, the petitioner, the candidate of another political party for the same office as respondent, is a “ candidate aggrieved ” and, hence, has the requisite standing to maintain this proceeding.

Until today, it was clear beyond cavil that the candidate of one party may institute a proceeding to invalidate the designation or nomination of another party’s candidate for the same public office. (Matter of Langley v. Erway, 30 A D 2d 711, affd. 22 N Y 2d 781; Matter of Hunting…