Holtzman v. Power
| Decision Date | 15 June 1970 |
| Citation | 27 N.Y.2d 628,313 N.Y.S.2d 760 |
| Parties | , 261 N.E.2d 666 Application of Elizabeth HOLTZMAN et al., Respondents, v. James M. POWER et al., Defendants, Louis J. Lefkowitz, Attorney General of the State of New York, etc., Intervenor-Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 34 A.D.2d 917, 311 N.Y.S.2d 824.
Application was made by petitioners against the Commissioners of Elections in the City of New York for an order declaring invalid Election Law, Consol.Laws, c. 17, Section 242--a(7) as amended on April 24, 1970, and enjoining and restraining the Board of Elections of the City of New York from printing or placing on voting machines ballots prepared in accordance with such amendment. The Attorney General intervened pursuant to CPLR § 1012(b).
The Special Term rendered a judgment adverse to the Attorney General, and he appealed.
The Appellate Division affirmed the judgment. McGivern, J., dissented.
The Attorney General appealed to the Court of Appeals.
Order affirmed, without costs, on the opinion by Lane, J., at Special Term dated June 5, 1970.
All concur except BURKE and SCILEPPI, JJ., who dissent and vote to reverse for the reasons stated in the opinion by Gellinoff, J., at Special Term, dated May 20, 1970, as to the constitutional grounds.
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