Walsh v. Lomenzo

30 A.D.2d 1048, 295 N.Y.S.2d 1023, 1968 N.Y. App. Div. LEXIS 3033

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 31, 1968
• Status: Published

Opinion

Order unanimously affirmed, without costs. Memorandum: On the issue presented by appellant that respondent, Secretary of State, erred constitutionally in determining the form of the ballot see Matter of Stabile v. Lomenzo, (30 A D 2d 1054, affd. 22 N Y 2d 957). On the issue of laches and the possible confusion arising from a last-minute change in the form of the ballot see Williams v. Rhodes (393 U. S. 23). (Order entered Oct. 29, 1968) (Appeal from order of Erie Special Term validating form of ballot and dismissing petition.) Present — Bastow, P. J., Goldman, Del Vecchio, Marsh and Witmer, JJ.