Legal Opinion

Graziano v. County of Albany

New York Court of Appeals

Decided November 30, 2004PublishedCited by 63 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

The issue on appeal is whether a single election commissioner may bring suit to challenge county actions that allegedly impair the equal representation of the major political parties in the staffing of a local board of elections. We conclude that the right to pursue such a claim is implicit in the constitutional and statutory requirement of balanced partisan representation on local boards of elections.

The Albany County Board of Elections consists of two commissioners (see Election Law § 3-200 [2]), one from each of the two major political parties. Petitioner…

2Cases cited4 opinions

  1. 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
  2. New York State Ass'n of Nurse Anesthetists v. NovelloNew York Court of Appeals · 2004
  3. Community Board 7 v. SchafferNew York Court of Appeals · 1994
  4. Silver v. PatakiNew York Court of Appeals · 2001

3Cited by63 opinions

  1. Wells Fargo Bank Minnesota, National Ass'n v. MastropaoloAppellate Division of the Supreme Court of the State of New York · 2007
  2. Caprer v. NussbaumAppellate Division of the Supreme Court of the State of New York · 2006
  3. Faltynowicz v. Battery Park City Auth. (In re World Trade Ctr. Lower Manhattan Disaster Site Litig.)Court for the Trial of Impeachments and Correction of Errors · 2017
  4. Village of Chestnut Ridge v. Town of RamapoAppellate Division of the Supreme Court of the State of New York · 2007
  5. Town of Riverhead v. New York State BoardNew York Court of Appeals · 2005

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