Translate
Text Highlighter

Bookmark

PDF

Share

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

In the Matter of MICHAEL J. MASTANTUONO, Petitioner, against WILLIAM D. MEISSER et al., Constituting the Board of Elections of Nassau County, et al., Respondents. In the Matter of FLORENCE H. CASEY, Petitioner, against WILLIAM D. MEISSER et al., Constituting the Board of Elections of Nassau County, et al., Respondents.

COLDEN, J.

The petitioners, Michael J. Mastantuono and Florence H. Casey, seek to have filed their petition to run in the primary of August 10, 1943, for members of the Republican County Committee of Nassau County in the 148th Election District of the Town of Hempstead. Upon objections filed with the Board of Elections their petition was rejected upon the ground that there were two sheets to the petition, each containing twenty names, but the authenticating witness stated that there were forty names on each sheet.

Under the authorities it would seem that the failure of the authenticating witness to specify the exact number of signatures authenticated on each sheet constitutes a material omission which renders the whole petition void because of the opportunity for fraud that is presented. ( Matter of Gulden, Supreme Court, New York County, N.Y.L.J. Nov. 2, 1934, p. 1604; Matter of Springer, N.Y.L.J. Sept. 6, 1934, p. 647, affd. 242 A.D. 726.) This is so particularly where, as here, the numeral "40" was inserted on both sheets of the petition in ink different in color from that of the remaining handwriting of the affidavit and apparently in a different handwriting, and on one sheet over a number which had been eradicated with ink eradicator. Both applications are accordingly dismissed. Submit orders.

Use AI to get other relevant cases.

Comments

MATTER OF MASTANTUONO v. MEISSER
(Jul 30, 1943)