Home/New York Court of Appeals/Braxton v. Mahoney

Braxton v. Mahoney

468 N.E.2d 1111, 63 N.Y.2d 691, 479 N.Y.S.2d 974, 1984 N.Y. LEXIS 4543
CourtNew York Court of Appeals
DecidedAugust 28, 1984
StatusPublished
Cited by11 cases

This text of 468 N.E.2d 1111 (Braxton v. Mahoney) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Braxton v. Mahoney, 468 N.E.2d 1111, 63 N.Y.2d 691, 479 N.Y.S.2d 974, 1984 N.Y. LEXIS 4543 (N.Y. 1984).

Opinion

[692]*692OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, and the petition to validate dismissed. The requirements of subdivision 2 of section 6-134 of the Election Law that the sheets of a designating petition be bound together in one or more volumes and the sheets in each volume be numbered consecutively at the foot of each sheet are requirements of content rather than form (see Matter of Frome v Board of Elections, 57 NY2d 741; Matter of Hutson v Bass, 54 NY2d 772; cf. Matter of Sheehan v Scaringe, 60 NY2d 795). Neither sheet of the petition was numbered, the sheets were not bound together, and neither sheet by itself contained a sufficient number of signatures to qualify petitioner as a candidate for County Committeeman. Petitioner’s designating petition was, therefore, properly invalidated by the Board of Elections.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur in memorandum.

Order reversed, etc.

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Bluebook (online)
468 N.E.2d 1111, 63 N.Y.2d 691, 479 N.Y.S.2d 974, 1984 N.Y. LEXIS 4543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/braxton-v-mahoney-ny-1984.