New York Court of Appeals October 16, 1973 (Devane v. Touhey)

Jasen, J.

On this direct appeal, appellants in each of these cases attack the constitutionality of section 138-b of the Election Law which provides that no candidate for an office, other than a judicial or State-wide office, shall be eligible to receive the *51nomination and to appear on the ballot as the candidate of both a party1 and an independent body2.