Opinion
Argued October 25, 1974
Decided October 25, 1974
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ANDREW R. TYLER, J.
Sheldon Silver, appellant pro se. Stuart C. Cohen for Christopher McGrath, appellant.
Paul H. Asofsky and Floyd E. Feldman for Miriam Friedlander, respondent.
Order affirmed, without costs, on the majority memorandum at the Appellate Division stressing the probabilities in a field of six candidates (see Matter of Ippolito v. Power, 22 N.Y.2d 594, involving but two candidates). It is not necessary, therefore, to reach the issue considered by the dissenter at the Appellate Division, namely, whether a new primary election, judicially directed, may be limited to exclude some regularly designated candidates. The Daubner case ( Matter of Daubner v. Dinkins, 33 N.Y.2d 649) would not be dispositive of the issue since it was not frontally raised there in the Court of Appeals (cf. Matter of Santucci v. Power, 25 N.Y.2d 897).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN. Taking no part: Judge STEVENS.