SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT
June 10, 1968
IN THE MATTER OF WALTER B. LANGLEY, RESPONDENT,
JULIAN B. ERWAY, APPELLANT, AND JOHN P. LOMENZO, AS SECRETARY OF STATE OF THE STATE OF NEW YORK, ET AL., RESPONDENTS. IN THE MATTER OF JULIAN B. ERWAY, APPELLANT-RESPONDENT, V. JOHN P. LOMENZO, AS SECRETARY OF STATE OF THE STATE OF NEW YORK, ET AL., RESPONDENTS, AND WALTER B. LANGLEY, RESPONDENT-APPELLANT
57 Misc. 2d 1.
Gibson, P. J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.
Memorandum by the Court. We affirm all findings of fact. We find dispositive of each case the fact that there existed no party committee "representing the political subdivision", i.e., the senatorial district (Election Law § 137, subd. 4) in that in Schoharie County there had not been "elected a Conservative Party county committee pursuant to the Election Law" (Rules and Regulations of the Conservative Party of the State of New York, art. IX, § 6, subd. [a]) with the result that under said subdivision "(a)" only the State Executive Committee of the Conservative Party could authorize the designation.
Judgments affirmed, without costs.
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