Opinion
February 13, 1975
In a proceeding (1) to compel cancellation of the enrollments of appellants and others named as respondents in the proceeding, in the Conservative Party in Richmond County, and (2) to annul petitions presented by them to the respondent Board of Elections of the City of New York as candidates for the county committee of said party in certain Election Districts of the 60th Assembly District, the appeal is from a judgment of the Supreme Court, Richmond County, dated January 6, 1975, which granted the application to the extent of directing that the enrollments of appellants and certain of the others named as respondents in the proceeding be canceled. Judgment reversed insofar as it affects appellants, on the law, without costs, and proceeding dismissed insofar as it refers to the enrollment, and petitions for the candidacies, of appellants. Before the enrollment of a voter as a member of the Conservative Party can be stricken on the ground that he is not in sympathy with the principles of said party, a hearing must be held by the chairman of the county committee of the Conservative Party or by a subcommittee appointed by him on notice to the voter (Election Law, § 332, subd. 2). Gulotta, P.J., Rabin, Martuscello, Benjamin and Shapiro, JJ., concur.