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Matter of Ottinger v. Lomenzo

Appellate Division of the Supreme Court of New York, Third Department
Oct 1, 1970
35 A.D.2d 747 (N.Y. App. Div. 1970)

Opinion

October 1, 1970


Judgments validating petitions of respondents as candidates of the Conservation Party reversed on the law and the fact, without costs, and petitions dismissed. Subdivision 4 of section 138 of the Election Law bars the adoption by a new party of an important and vital part of the name of an existing political party. Special Term's literal construction would defeat the manifest purpose of the statute, which is "to prevent all possibility of confusion in the minds of the voters in connection with the election machinery." ( Matter of Marcantonio v. Heffernan, 192 Misc. 868, 869, affd. 274 App. Div. 880, affd. 298 N.Y. 661; Matter of McCarthy v. Lawley, 35 A.D.2d 126.) Herlihy, P.J., Staley, Jr., Cooke and Sweeney, JJ., concur; Aulisi, J., taking no part.


Summaries of

Matter of Ottinger v. Lomenzo

Appellate Division of the Supreme Court of New York, Third Department
Oct 1, 1970
35 A.D.2d 747 (N.Y. App. Div. 1970)
Case details for

Matter of Ottinger v. Lomenzo

Case Details

Full title:In the Matter of RICHARD L. OTTINGER, Respondent, v. JOHN P. LOMENZO, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Oct 1, 1970

Citations

35 A.D.2d 747 (N.Y. App. Div. 1970)

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