Collins v. Meisser

56 Misc. 2d 978, 290 N.Y.S.2d 853, 1968 N.Y. Misc. LEXIS 1430

Opinion

Joseph Life J.

Upon the foregoing papers it is ordered that this application to declare invalid a designating petition for a primary election is denied and the petition is dismissed.

The application is premised on the statement that one of three members of a committee to fill vacancies is an enrolled member

of a party other than the party which caused the petition to be circulated. That circumstance of itself does not invalidate the petition (Matter of Brennan v. Power, 307 N. Y. 818; Matter of Johnson v. Meisser, 24 A D 2d 719); and Matter of Richter v. Thaler (11 N Y 2d 722) is not to the contrary.