Daverso v. Romeo

Appellate Division of the Supreme Court of New York

Daverso v. Romeo

89 A.D.2d 1054, 454 N.Y.S.2d 560, 1982 N.Y. App. Div. LEXIS 18336

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

DecidedSeptember 10, 1982

StatusPublished

Cited by2 cases

This text of 89 A.D.2d 1054 (Daverso v. Romeo) 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

Daverso v. Romeo, 89 A.D.2d 1054, 454 N.Y.S.2d 560, 1982 N.Y. App. Div. LEXIS 18336 (N.Y. Ct. App. 1982).

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Opinion

Order unanimously affirmed, without costs. Memorandum: Petitioners appeal from an order of Special Term which denied their application for an order validating their petition for an opportunity to ballot. The failure of the subscribing witness to the petition to date his signature renders the petition invalid (see Election Law, § 6-132; Matter of Sortino v Chiavaroli, 42 NY2d 982). The subscribing .witness’ affidavit which supplied the missing date does not cure the fatal defect since it was filed after the last day provided by law for filing the petition (Matter of Sortino v Chiavaroli, supra). (Appeal from order of Onondaga Supreme Court, Aloi, J. — Election Law.) Present — Dillon, P. J., Callahan, Doerr, Denman and Moule, JJ.

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Order unanimously affirmed, without costs. Memorandum: Petitioners appeal from an order of Special Term which denied their application for an order validating their petition for an opportunity to ballot. The failure of the subscribing witness to the petition to date his signature renders the petition invalid (see Election Law, § 6-132; Matter of Sortino v Chiavaroli, 42 NY2d 982). The subscribing .witness’ affidavit which supplied the missing date does not cure the fatal defect since it was filed after the last day provided by law for filing the petition (Matter of Sortino v Chiavaroli, supra). (Appeal from order of Onondaga Supreme Court, Aloi, J. — Election Law.) Present — Dillon, P. J., Callahan, Doerr, Denman and Moule, JJ.

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Bluebook (online)

89 A.D.2d 1054, 454 N.Y.S.2d 560, 1982 N.Y. App. Div. LEXIS 18336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daverso-v-romeo-nyappdiv-1982.

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