RYAN v. ALBANY COUNTY DEMOCRATIC COMMITTEE, 47 N.Y.2d 963 (1979)

393 N.E.2d 1043, 419 N.Y.S.2d 971

CHARLES W. RYAN et al., Appellants, v. ALBANY COUNTY DEMOCRATIC COMMITTEE et al., Respondents.

Court of Appeals of the State of New York.Argued June 6, 1979
Decided July 3, 1979

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, LEONARD A. WEISS, J.

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John J. Lynch and Frederick G. Ziehm for appellants.

Robert G. Lyman, County Attorney (William J. Conboy, II, of counsel), for Albany County Legislature and another, respondents.

Douglas P. Rutnik for Albany County Democratic Committee and others, respondents.

John W. Tabner for Election Commissioners Association, State of New York, amicus curiae.

Order modified, without costs, by granting declaratory judgment in favor of defendants (see Lanza v Wagner, 11 N.Y.2d 317,

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334) and, as so modified, affirmed for the reasons stated in the memorandum at the Appellate Division.

Concur: Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER. Taking no part: Chief Judge COOKE and Judge FUCHSBERG.