Ferguson v. Lomenzo
30 A.D.2d 982 | N.Y. App. Div. | 1968
Judgment affirmed, without costs. We find no reason to interfere with the discretion exercised by Special Term in directing that the certificate of acceptance be filed. (Election Law, § 330.) Appellant now concedes that petitioner is not rendered ineligible by reason of his conviction of crime. (See U. S. Const., art. I, § 3, par. 3; Matter of O’Connor V. Cohen, 173 Misc. 419; State ex rel. Handley v. Superior Court of Marion County. 238 Ind. 421; Opinion of the Judges, 79 S. D. 585; State ex rel. Johnson v. Crane, 65 Wyo. 189.) Gibson, P. J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court. [57 Misc 2d 1041.]