Faulstitch v. Kasper

Appellate Division of the Supreme Court of New York

Faulstitch v. Kasper

122 A.D.2d 903, 506 N.Y.S.2d 5, 1986 N.Y. App. Div. LEXIS 59391

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

DecidedAugust 20, 1986

StatusPublished

Cited by4 cases

This text of 122 A.D.2d 903 (Faulstitch v. Kasper) 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

Faulstitch v. Kasper, 122 A.D.2d 903, 506 N.Y.S.2d 5, 1986 N.Y. App. Div. LEXIS 59391 (N.Y. Ct. App. 1986).

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Opinion

— In a proceeding to invalidate petitions designating Joseph F. Kasper as a candidate in the Republican Party primary election to be held on September 9, 1986, for the public office of Member of the New York State Assembly from the 31st Assembly District, the appeal is from a judgment of the Supreme Court, Queens County (Donoghue, J.), dated August 8, 1986, which dismissed the proceeding.

Judgment affirmed, without costs or disbursements.

The court erred in refusing to invalidate a total of 12 signatures which appear on pages 53 and 85 of the designating petition since the signers of those pages apparently confused their election and assembly districts and incorrectly set forth the same. The sheets of a designating petition must correctly set forth each signer’s election district and ward, if any, and this requirement has been strictly construed (Matter of Liepshutz v Palmateer, 112 AD2d 1101; Matter of Hunter v Compagni, 74 AD2d 1000; Matter of Klemann v Acito, 64 AD2d 952, affd 45 NY2d 796; see also, Matter of Higby v Mahoney, 48 NY2d 15). Nevertheless, a sufficient number of valid signatures remain in the designating petitions to sustain the court’s determination. Mollen, P. J., Mangano, Thompson and Rubin, JJ., concur.

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— In a proceeding to invalidate petitions designating Joseph F. Kasper as a candidate in the Republican Party primary election to be held on September 9, 1986, for the public office of Member of the New York State Assembly from the 31st Assembly District, the appeal is from a judgment of the Supreme Court, Queens County (Donoghue, J.), dated August 8, 1986, which dismissed the proceeding.

Judgment affirmed, without costs or disbursements.

The court erred in refusing to invalidate a total of 12 signatures which appear on pages 53 and 85 of the designating petition since the signers of those pages apparently confused their election and assembly districts and incorrectly set forth the same. The sheets of a designating petition must correctly set forth each signer’s election district and ward, if any, and this requirement has been strictly construed (Matter of Liepshutz v Palmateer, 112 AD2d 1101; Matter of Hunter v Compagni, 74 AD2d 1000; Matter of Klemann v Acito, 64 AD2d 952, affd 45 NY2d 796; see also, Matter of Higby v Mahoney, 48 NY2d 15). Nevertheless, a sufficient number of valid signatures remain in the designating petitions to sustain the court’s determination. Mollen, P. J., Mangano, Thompson and Rubin, JJ., concur.

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Bluebook (online)

122 A.D.2d 903, 506 N.Y.S.2d 5, 1986 N.Y. App. Div. LEXIS 59391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faulstitch-v-kasper-nyappdiv-1986.

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