Ashley v. Lomenzo

Appellate Division of the Supreme Court of New York

Ashley v. Lomenzo

39 A.D.2d 977, 333 N.Y.S.2d 295, 1972 N.Y. App. Div. LEXIS 4376

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 12, 1972

StatusPublished

Cited by1 cases

This text of 39 A.D.2d 977 (Ashley v. Lomenzo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ashley v. Lomenzo, 39 A.D.2d 977, 333 N.Y.S.2d 295, 1972 N.Y. App. Div. LEXIS 4376 (N.Y. Ct. App. 1972).

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Opinion

Appeal from a judgment of the Supreme Court, entered June 7,1972 in Rensselaer County, which granted a petition under section 330 of the Election Law to invalidate a petition designating appellant, Ann L. Monroe, as the Conservative Party’s candidate for the office of State Senator, 41st Senate District. We concur with the trial court’s finding that one of the pages of the petition was not authenticated in substantial compliance with the provisions of subdivision 3 of section 135 of the Election Law in that the subscribing witness thereto misstated the address from which she had registered for the general election in the year 1971, with the result that the designating petition is insufficient (Matter of Loreto v. Cohen, 268 N. Y. 624; cf. Matter of Knauf v. Conlon, 37 A D 2d 784, mot. for Iv. to app. den. 29 N Y 2d 486; Matter of Periconi v. Marotta, 34 A D 2d 1035; Matter of Horan v. Frangella, 32 A D 2d 850). Judgment affirmed, without costs. Greenblott, J. P., Sweeney, Simons, Kane and Reynolds, JJ., concur.

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Appeal from a judgment of the Supreme Court, entered June 7,1972 in Rensselaer County, which granted a petition under section 330 of the Election Law to invalidate a petition designating appellant, Ann L. Monroe, as the Conservative Party’s candidate for the office of State Senator, 41st Senate District. We concur with the trial court’s finding that one of the pages of the petition was not authenticated in substantial compliance with the provisions of subdivision 3 of section 135 of the Election Law in that the subscribing witness thereto misstated the address from which she had registered for the general election in the year 1971, with the result that the designating petition is insufficient (Matter of Loreto v. Cohen, 268 N. Y. 624; cf. Matter of Knauf v. Conlon, 37 A D 2d 784, mot. for Iv. to app. den. 29 N Y 2d 486; Matter of Periconi v. Marotta, 34 A D 2d 1035; Matter of Horan v. Frangella, 32 A D 2d 850). Judgment affirmed, without costs. Greenblott, J. P., Sweeney, Simons, Kane and Reynolds, JJ., concur.

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Bluebook (online)

39 A.D.2d 977, 333 N.Y.S.2d 295, 1972 N.Y. App. Div. LEXIS 4376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashley-v-lomenzo-nyappdiv-1972.

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