Bauman v. Fusco
| Decision Date | 21 October 1965 |
| Citation | 16 N.Y.2d 952,265 N.Y.S.2d 102,212 N.E.2d 536 |
| Parties | , 212 N.E.2d 536 Application of Bert BAUMAN, etc., et al., Petitioner-Appellants, v. Louis FUSCO, etc., et al., Respondents-Respondents. Application of Irwin I. BROOKS and Marilyn R. Miller, etc., et al., Petitioners-Appellants, v. Charles A. BUCKLEY, etc., et al., Respondents-Respondents. Application of Gerald P. GOLDSMITH, etc., et al., Petitioners-Appellants, v. Louis FUSCO, Jr., etc., et al., Respondents-Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 23 A.D.2d 404, 261 N.Y.S.2d 85.
Three applications were made by petitioners for orders to vacate the elections on June 18, 1964 by the Bronx County Democratic Committee of respondents Masciarelli and Cargiulo as members of the Bronx County Executive Committee from the Twelfth Executive District and of respondents Compione and Catania as members of the Bronx County Executive Committee for the Seventh Executive District and to direct elections for party positions in accordance with rules of the Bronx County Democratic Party in effect on June 2, 1964. Under those rules the boundaries of the executive districts in the county were coterminous with those of the assembly districts therein except for the Seventh Assembly District and the Twelfth Assembly District which were divided into the Seventh Executive Districts East and West and the Twelfth Executive Districts East and West. After the primary election of June 2, 1964 and prior to organizational meeting of county committeemen elected thereat, the Bronx County Democratic Executive Committee adopted a resolution on June 8, 1964 abolishing the executive districts of the Seventh Assembly District and the Twelfth Assembly District and reconstituting each district into one executive district. On June 30, 1964 that resolution was invalidated by the Appellate Division. Prior to such decision and on June 15, 1964 meetings of the newly elected county committeemen from the reconstituted Seventh Executive District and the Twelfth Executive District were held and the respondent designees were elected. The Bronx County Democratic Committee on June 18, 1964 at its organizational meeting passed a rule providing that boundaries of various executive districts were to be boundaries of the various assembly districts and adopted a resolution permitting the respondent designees to serve as members of the executive committee for the reconstituted Seventh...
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