General
In the Matter of Rocco A. Ferran, Appellant, v. Thomas M. Monahan, Jr., et al., Constituting the Board of Elections of Rensselaer County, et al., Respondents, and Free Libertarian Party, Intervenor-Appellant
54 A.D.2d 782·New York Supreme Court, Appellate Division·1976·NY
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Opinion
(October 20, 1976)
In the Matter of Rocco A. Ferran, Appellant, v Thomas M. Monahan, Jr., et al., Constituting the Board of Elections of Rensselaer County, et al., Respondents, and Free Libertarian Party, Intervenor-Appellant.
[MAJORITY]
Appeals from a judgment of the Supreme Court at a Trial Term, entered October 18, 1976 in Albany County, which dismissed petitioner’s application in a proceeding pursuant to section 330 of the Election Law, seeking, inter alia, a direction that the respondents place petitioner’s name in a separate row or column on the ballot as a candidate of the Co-Equal Citizen Party for the office of Congressman in the 29th Congressional District. Inasmuch as the petitioner is the sole candidate of the Co-Equal Citizen Party he is not entitled to a separate row or column on the ballot (Matter of Robinson v Brock, 255 App Div 308). Although the Free Libertarian Party, if possible, would be entitled to a separate row or column on the ballot, the fact that that party and the Co-Equal Citizen Party have been made to share a row or column on the ballot has not been shown to unjustly discriminate against the candidates of either party to their prejudice (Matter of Haskell v Voorhis, 246 NY 256; cf. Matter of Battista v Power, 16 NY2d 198). Judgment affirmed, without costs. Sweeney, J. P., Kane, Main, Larkin and Herlihy, JJ., concur.