AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

In the Matter of RITA M. LAYDEN et al., Appellants, v. FRANK X. GARGIULO et al., Constituting the Board of Elections of the City of New York, et al., Respondents, and ALICE A. CAPATOSTO, Respondent.

In a proceeding, inter alia, to invalidate a petition designating Alice A. Capatosto as a candidate in the Republican Party primary election to be held on September 9, 1980, for the party position of Female Member of the Republican State Committee from the 58th Assembly District, the appeal is from a judgment of the Supreme Court, Kings County, dated August 12, 1980 which, inter alia, dismissed the proceeding. Judgment reversed, on the law, without costs or disbursements, application granted and the Board of Elections is directed to remove the name of Alice A. Capatosto from the appropriate ballot. Candidate Alice A. Capatosto admitted that she signed, as subscribing witness, two pages of the designating petition, but did not witness the purported signatories affix their signatures to those pages. There are still a sufficient number of valid signatures on the petition. However, since Capatosto is a candidate, her fraudulent act warrants striking her name from the ballot (see Matter of Lerner v. Power, 22 N.Y.2d 767). Hopkins, J.P., Lazer, Rabin, Margett and Martuscello, JJ., concur.

Use AI to get other relevant cases.

Comments

MATTER OF LAYDEN v. GARGIULO
(Aug 19, 1980)