DiLUCIA v. MANDELKER, 68 N.Y.2d 844 (1986)

508 N.Y.S.2d 424, 501 N.E.2d 32

GILBERT DiLUCIA, Individually and as Announced Candidate for Mayor of the City of New York, Appellant, v. LAWRENCE A. MANDELKER, as Treasurer of New Yorkers for Koch 1985, Respondent, et al., Defendant.

Court of Appeals of the State of New York.Argued September 10, 1986
Decided October 9, 1986

Appeal from the Appellate Division of the

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Supreme Court in the First Judicial Department, Kenneth Shorter, J.

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Bernard Kenny and Barry K. Myrvold for appellant.

Barry H. Garfinkel, Edward J. Yodowitz and Joseph Guglielmelli for respondent.

Order affirmed, with costs, for reasons stated in so much of the opinion by Justice Arnold L. Fein at the Appellate Division as held that campaign contributions are not gifts within the meaning of New York City Charter § 2604 (110 A.D.2d 260).

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.