MATTER OF LASPESA v. MAHONEY, 33 N.Y.2d 720 (1973)

349 N.Y.S.2d 995, 304 N.E.2d 564

In the Matter of MICHAEL J. LASPESA, Appellant, v. EDWARD J. MAHONEY et al., Constituting the Board of Elections of Erie County, and PETER J. FIORELLA et al., Respondents.

Court of Appeals of the State of New York.Argued October 18, 1973
Decided October 23, 1973

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, ARTHUR J. COSGROVE, J.

Page 721

Richard J. Lippes for appellant.

David J. Mahoney, Jr. for Peter J. Fiorella and others, respondents.

William J. Diggins, Jr. for Edward J. Mahoney and others, constituting the Board of Elections of Erie County, respondents.

Order affirmed, without costs, on the opinion at the Appellate Division.

Concur: Chief Judge FULD and Judges BURKE, GABRIELLI, JONES, WACHTLER and SHAPIRO[*] . Judge JASEN concurs in result on constraint of Matter of Bressler v. Holt-Harris (30 N.Y.2d 529).

[*] Designated pursuant to section 2 of article VI of the State Constitution in place of BREITEL, J.