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MATTER OF BARRETT v. SCARINGE

Court of Appeals of the State of New York.
Aug 28, 1985
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MEMORANDUM.

The orders of the Appellate Divisions should be affirmed, without costs.

The common issue presented by these four appeals is whether the designating petition of a candidate, seeking party nomination for public office, should be invalidated on the ground that the petition cover sheet slightly understated the total number of signatures actually contained in the petition. This court, under circumstances closely analogous to those herein presented, has held an understatement of signatures to have constituted an inconsequential error which did not warrant invalidation of the designating petition. ( Matter of Jonas v Black, 63 N.Y.2d 685, affg 104 A.D.2d 466.) Accordingly, the petitions herein at issue satisfy the requirements of Election Law ยง 6-134 (2). ( See, Matter of Garrett v Alter, 65 N.Y.2d 529.)

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.

In each case: Order affirmed, without costs, in a memorandum.