MATTER OF CONSERVATIVE PARTY OF THE STATE OF NEW YORK v. New York State Bd. of Elections

Motion for leave to appeal denied. Motion for a stay dismissed as academic. In this CPLR article 78 proceeding to prohibit the New York State Board of Elections from conducting a primary election, the Court of Appeals takes the opportunity to restate the rule that denial of a motion for leave to appeal is not equivalent to an affirmance and has no precedential value

(see, e.g., Matter of Marchant v Mead-Morrison Mfg. Co.,

252 NY 284, 297-298 [Cardozo, Ch. J.];

Two Assocs. v Brown,

70 NY2d 792 ).