Cox v. Wells

Appellate Division of the Supreme Court of New York

Cox v. Wells

57 A.D.2d 635, 394 N.Y.S.2d 31, 1977 N.Y. App. Div. LEXIS 11658

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

DecidedApril 26, 1977

StatusPublished

Cited by2 cases

This text of 57 A.D.2d 635 (Cox v. Wells) 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

Cox v. Wells, 57 A.D.2d 635, 394 N.Y.S.2d 31, 1977 N.Y. App. Div. LEXIS 11658 (N.Y. Ct. App. 1977).

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Opinion

In a proceeding, inter alia, to validate petitions designating petitioner-appellant as a candidate in the election to be held on May 3, 1977 for the public position of Member of the New York City Community School Board, District 23, the appeal is from a judgment of the Supreme Court, Kings County, dated April 7, 1977, which, after a hearing, (1) denied the petition and (2) directed the board of elections to remove petitioner’s name from the appropriate ballot. Judgment affirmed, without costs or disbursements. Special Term found that petitioner had only 191 valid signatures, 9 short of the required 200. Petitioner argues that a sheet containing an additional nine signatures should be validated. The subscribing witness on the afore-mentioned sheet had incorrectly listed both her election and assembly districts. Numerous cases have held that this error is fatal, unless it is caused by confusion due to reapportionment. Since petitioner was not able to prove that such confusion was the reason for the error, the signatures cannot be validated [636]*636and her application was properly denied (see Matter of Sciarra v Donnelly, 34 NY2d 970; Matter of Rutter v Coveney, 38 NY2d 993). Martuscello, J. P., Latham, Shapiro and O’Connor, JJ., concur.

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In a proceeding, inter alia, to validate petitions designating petitioner-appellant as a candidate in the election to be held on May 3, 1977 for the public position of Member of the New York City Community School Board, District 23, the appeal is from a judgment of the Supreme Court, Kings County, dated April 7, 1977, which, after a hearing, (1) denied the petition and (2) directed the board of elections to remove petitioner’s name from the appropriate ballot. Judgment affirmed, without costs or disbursements. Special Term found that petitioner had only 191 valid signatures, 9 short of the required 200. Petitioner argues that a sheet containing an additional nine signatures should be validated. The subscribing witness on the afore-mentioned sheet had incorrectly listed both her election and assembly districts. Numerous cases have held that this error is fatal, unless it is caused by confusion due to reapportionment. Since petitioner was not able to prove that such confusion was the reason for the error, the signatures cannot be validated [636]*636and her application was properly denied (see Matter of Sciarra v Donnelly, 34 NY2d 970; Matter of Rutter v Coveney, 38 NY2d 993). Martuscello, J. P., Latham, Shapiro and O’Connor, JJ., concur.

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Bluebook (online)

57 A.D.2d 635, 394 N.Y.S.2d 31, 1977 N.Y. App. Div. LEXIS 11658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cox-v-wells-nyappdiv-1977.

Opinion

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