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1
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OPINION
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EXTRACTED KEY WORDS
ELECTION LAW VACANCY DECLINATION SUBDIVISION PETITIONER PARTY CERTIFICATES IFP PROVISIONS ROSENBAUM SUBSTITUTION FILLING APPELLATE DIVISION GOLISANO GOVERNOR STATUTE RESPONDENTS COMMITTEE AFFIRM ACCEPTANCE LEGISLATURE FILING DEADLINES DESIGNATION CONSTRUCTION PARTY-SPECIFIC SUBDIVISIONS OBJECTION DETERMINATION AUTHORIZE |
In the Matter of Victor J. Cipolla, Appellant, v. Blaise T. Golisano, et al.,
Respondents
84 N.Y.2d 450, 643 N.E.2d 514, 618 N.Y.S.2d 892 (1994).
October 28, 1994
3 No. 260 (1994 NY Int. 176) Decided October 28, 1994
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Jeffrey T. Buley, for appellant.
Thomas J. Spargo and Gary Sinawski, for respondents.
Peter G. Crary, for Attorney General.
PER CURIAM:
On August 24, 1994, the Independence Fusion Party (IFP) filed an
independent nominating petition naming Richard M. Rosenbaum as its
candidate for Governor. Rosenbaum also campaigned for the Republican
Party nomination for Governor. On September 16, 1994, following his
loss in the Republican Party primary, Rosenbaum filed a timely
declination of the IFP nomination pursuant to Election Law § 6-158
(11). Also on September 16, the IFP's Committee to Fill Vacancies
filed documents required by Election Law § 6-148 to fill the vacancy
caused by Rosenbaum's declination by substituting respondent Blaise T.
Golisano as the IFP's candidate for Governor.
On September 22, 1994, petitioner filed an Objection and Specification
to the substitution of Golisano for Rosenbaum. Petitioner's sole
specification of objection stated that "the purported substitution
follows a declination executed pursuant to § 6-158 (11) of the
Election Law and that statute makes no provision for substitution
following the declination." The State Board of Elections conducted a
hearing on petitioner's objection, and determined that the IFP
properly substituted Golisano for Rosenbaum. Petitioner then brought
this proceeding to annul the Board of Elections' determination and to
enjoin the placement of Golisano's name on the ballot as the IFP
candidate for Governor in the general election.
Supreme Court concluded that Election Law § 6-158 (13) vested power in
the IFP Committee to Fill Vacancies to substitute Golisano for
Rosenbaum and dismissed the petition. The Appellate Division affirmed
(_____ AD2d _____ (10/14/94)). We granted petitioner's application for
leave to appeal and now affirm.
SNIPPETS:
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