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

> New York Court of Appeals · September 6, 1996 · 88 N.Y.2d 998

URL: https://www.frixlaw.com/law-library/cases/2590707

## Case

- **Full name:** In the Matter of Conservative Party of the State of New York Et Al., Respondents, v. New York State Board of Elections, Respondent, and Sue W. Kelly, Appellant
- **Court:** New York Court of Appeals
- **Decided:** September 6, 1996
- **Citations:** 88 N.Y.2d 998; 648 N.Y.S.2d 868; 671 N.E.2d 1265; 1996 N.Y. LEXIS 2767
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2590707

## Opinion text

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 ).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2590707. Public record. Not legal advice.