AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

IN THE MATTER OF MICHAEL J. LEAHY, JR., ET AL., appellants, v. DENISE K. O'ROURKE, respondent-respondent, ET AL., respondents.

DECISION ORDER

ORDERED that the final order is reversed, on the law and the facts, without costs or disbursements, the petition is granted, the designating petition is invalidated, and the Nassau County Board of Elections is directed to remove the name of Denise K. O'Rourke from the appropriate ballot.

The Supreme Court improperly dismissed the petition for lack of personal jurisdiction over Denise K. O'Rourke, as the petitioners' method of service was reasonably calculated to complete service within the statutory time period ( see Matter of Contessa v. McCarthy, 40 N.Y.2d 890, 891; Matter of Stabile v. DeFronzo, 231 A.D.2d 577).

The unrefuted testimony establishes that notary public Paul Nehrich did not administer an oath or affirmation to the witnesses in any manner required by law ( see Helfan v. Meisser, 22 N.Y.2d 762; Brown v. Suffolk County Bd. Of Elections, 264 A.D.2d 489; Matter of Merrill v. Adler, 253 A.D.2d 505; Matter of Zuno v. Fein, 175 A.D.2d 935; Matter of Andolfi v. Rohl, 83 A.D.2d 890; CPLR 2309[b]). Consequently, the designating petition of Denise K. O'Rourke did not contain a sufficient number of valid signatures.

In light of this determination, the petitioners' remaining contention regarding notary public Mary Noe has been rendered academic.

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN, COZIER and RIVERA, JJ., concur.

Use AI to get other relevant cases.

Comments

IN THE MATTER OF LEAHY v. O'ROURKE
(Aug 20, 2003)