Costantini v. Board of Elections

Appellate Division of the Supreme Court of New York

Costantini v. Board of Elections

32 A.D.2d 794, 302 N.Y.S.2d 982, 1969 N.Y. App. Div. LEXIS 3809

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

DecidedJune 9, 1969

StatusPublished

This text of 32 A.D.2d 794 (Costantini v. Board of Elections) 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

Costantini v. Board of Elections, 32 A.D.2d 794, 302 N.Y.S.2d 982, 1969 N.Y. App. Div. LEXIS 3809 (N.Y. Ct. App. 1969).

Pincite

Opinion

In a proceeding to validate petitions designating appellant and others as candidates in the Democratic Party Primary Election to be held on June 17, 1969 for nomination for public offices in the Town of Brookhaven, the public office as to appellant being Supervisor, the appeal is from an order of the Supreme Court, Suffolk County, dated June 6, 1969, which dismissed the petition in the proceeding. Order affirmed, without costs. No opinion. Beldock, P. J., and Rabin, J., concur; Benjamin, J., concurs, with the following additional memorandum: It is clear that section 136 of the Election Law does not include a town within the listed exceptions to the 5% rule. While this may result in requiring a larger number of signatures for a town than for a larger subdivision within which it is contained, this anachronism appears to be a subject for legislative correction rather than for judicial legislation. Hopkins and Martuscello, JJ., dissent and vote to reverse the order and declare the designating petitions valid.

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In a proceeding to validate petitions designating appellant and others as candidates in the Democratic Party Primary Election to be held on June 17, 1969 for nomination for public offices in the Town of Brookhaven, the public office as to appellant being Supervisor, the appeal is from an order of the Supreme Court, Suffolk County, dated June 6, 1969, which dismissed the petition in the proceeding. Order affirmed, without costs. No opinion. Beldock, P. J., and Rabin, J., concur; Benjamin, J., concurs, with the following additional memorandum: It is clear that section 136 of the Election Law does not include a town within the listed exceptions to the 5% rule. While this may result in requiring a larger number of signatures for a town than for a larger subdivision within which it is contained, this anachronism appears to be a subject for legislative correction rather than for judicial legislation. Hopkins and Martuscello, JJ., dissent and vote to reverse the order and declare the designating petitions valid.

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Bluebook (online)

32 A.D.2d 794, 302 N.Y.S.2d 982, 1969 N.Y. App. Div. LEXIS 3809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/costantini-v-board-of-elections-nyappdiv-1969.