Bottini v. Wurbeck

Appellate Division of the Supreme Court of New York

Bottini v. Wurbeck

264 A.D.2d 452, 694 N.Y.S.2d 138, 1999 N.Y. App. Div. LEXIS 8769

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

DecidedAugust 18, 1999

StatusPublished

Cited by1 cases

This text of 264 A.D.2d 452 (Bottini v. Wurbeck) 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

Bottini v. Wurbeck, 264 A.D.2d 452, 694 N.Y.S.2d 138, 1999 N.Y. App. Div. LEXIS 8769 (N.Y. Ct. App. 1999).

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Opinion

In a proceeding to invalidate a petition for an opportunity to ballot by providing for a write-in candidate pursuant to Election Law § 6-164 in a primary election to be held on September 14, 1999, for the nomination of the Conservative Party as its candidate for the public offices of Town Supervisor, Town Clerk, and Town Justice of the Town of Haverstraw, the appeal is from a judgment of the Supreme Court, Rockland County (Bergerman, J.), dated August 12, 1999, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

Election Law § 6-164 does not require the pre-existence of a technically deficient designating petition (see, Matter of Coo-[453]*453persmith v Hershberger, 264 AD2d 453 [decidedherewith]). Man-gano, P. J., Thompson, Sullivan, Krausman and Goldstein, JJ., concur.

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In a proceeding to invalidate a petition for an opportunity to ballot by providing for a write-in candidate pursuant to Election Law § 6-164 in a primary election to be held on September 14, 1999, for the nomination of the Conservative Party as its candidate for the public offices of Town Supervisor, Town Clerk, and Town Justice of the Town of Haverstraw, the appeal is from a judgment of the Supreme Court, Rockland County (Bergerman, J.), dated August 12, 1999, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

Election Law § 6-164 does not require the pre-existence of a technically deficient designating petition (see, Matter of Coo-[453]*453persmith v Hershberger, 264 AD2d 453 [decidedherewith]). Man-gano, P. J., Thompson, Sullivan, Krausman and Goldstein, JJ., concur.

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Bluebook (online)

264 A.D.2d 452, 694 N.Y.S.2d 138, 1999 N.Y. App. Div. LEXIS 8769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bottini-v-wurbeck-nyappdiv-1999.

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