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 JOHN H. SMITH, Appellant, v. EDWARD J. MAHONEY et al., Constituting the Board of Elections of the County of Erie, Respondents.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Petitioner submitted a designating petition with a cover sheet that omitted the title of the office for which he was running. This information is required by statute (Election Law, § 6-134, subd 2), with which there must be strict compliance (see Matter of Hutson v Bass, 54 N.Y.2d 772, 773-774). Petitioner's failure to include the necessary information is not excused by the fact that the form he used was supplied by the local board of elections. That body is not empowered to authorize, implicitly or explicitly, noncompliance with the strictures set forth by the Legislature in section 6-134.

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

Order affirmed, without costs, in a memorandum.

Use AI to get other relevant cases.

Comments

MATTER OF SMITH v. MAHONEY
(Aug 30, 1983)