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Erastus Corning v. Board of Elections of Albany County, Board of Elections of City of New York, Intervenors-Respondents Anthony Barone, Individually and as Chairman of the Democratic Committee of the County of Chautauqua v. Hugh L. Carey, as Governor of the State of New York
Opinions in this case
- Majority
- Dissent — Fuchsberg
OPINION OF THE COURT
In Matter of Corning v Board of Elections of Albany County: Order affirmed, without costs, for reasons stated in the Per Curiam opinion at the Appellate Division.
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler and Meyer. Judge Fuchsberg dissents and votes to modify in an opinion. Judge Gabrielli taking no part.
In Barone v Carey: Judgment, insofar as appealed from, reversed, without costs, and subdivision 2 of section 8-100 of the Election Law declared constitutional.
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler and Meyer. Judge Fuchsberg dissents and votes to affirm in an opinion. Judge Gabrielli taking no part.