Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
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
Attorney(S)

In the Matter of CLIFFORD BRAXTON, Respondent, v. EDWARD J. MAHONEY et al., Constituting the Board of Elections of the County of Erie, Appellants.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the petition to validate dismissed. The requirements of subdivision 2 of section 6-134 of the Election Law that the sheets of a designating petition be bound together in one or more volumes and the sheets in each volume be numbered consecutively at the foot of each sheet are requirements of content rather than form (see Matter of Frome v Board of Elections, 57 N.Y.2d 741; Matter of Hutson v Bass, 54 N.Y.2d 772; cf. Matter of Sheehan v Scaringe, 60 N.Y.2d 795). Neither sheet of the petition was numbered, the sheets were not bound together, and neither sheet by itself contained a sufficient number of signatures to qualify petitioner as a candidate for County Committeeman. Petitioner's designating petition was, therefore, properly invalidated by the Board of Elections.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in memorandum.

Order reversed, etc.

Use AI to get other relevant cases.

Comments

MATTER OF BRAXTON v. MAHONEY
(Aug 28, 1984)