Opinion
October 20, 1986
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the appeal by the petitioner Leon J. Campo is dismissed, without costs or disbursements, for lack of standing (Election Law § 16-104).
Ordered that, upon the appeal by the petitioner LaValle, the judgment is affirmed insofar as appealed from by LaValle, without costs or disbursements.
The petitioner Kenneth P. LaValle has been designated by two major parties, in this case the Republican Party and Conservative Party, in addition to having been designated by the Concerned Citizens Against LILCO, an independent body. As we have previously stated, "[i]t is well settled that section 7-104 Elec. of the Election Law denies an independent row to a candidate who already appears on the ballot as the candidate of at least two major parties" (Matter of Doyle v Coveney, 97 A.D.2d 527; see also, Matter of Kiley v Coveney, 84 A.D.2d 585; affd 55 N.Y.2d 866). The constitutionality of Election Law former § 248, now § 7-104, has been upheld (see, Matter of Battista v Power, 16 N.Y.2d 198, 201; Matter of Button v Donohue, 18 N.Y.2d 792, 793). The challenged statute does not limit access to the ballot (cf. Anderson v Celebrezze, 460 U.S. 780; Illinois Elections Bd. v Socialist Workers Party, 440 U.S. 173) but merely permissibly regulates the positioning on the ballot of candidates cross-endorsed by more than one party and an independent body. Thompson, J.P., Bracken, Lawrence and Eiber, JJ., concur.