Fuentes v. Lopez

Appellate Division of the Supreme Court of New York

Fuentes v. Lopez

264 A.D.2d 490, 694 N.Y.S.2d 166, 1999 N.Y. App. Div. LEXIS 8848

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

DecidedAugust 23, 1999

StatusPublished

Cited by8 cases

This text of 264 A.D.2d 490 (Fuentes v. Lopez) 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

Fuentes v. Lopez, 264 A.D.2d 490, 694 N.Y.S.2d 166, 1999 N.Y. App. Div. LEXIS 8848 (N.Y. Ct. App. 1999).

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Opinion

In a proceeding pursuant to Election Law article 16 to validate a petition designating Fernando Fuentes as a candidate in a primary election to be held on September 14, 1999, for the nomination of the Independent Party as its candidate for the public office of City Council Member, Second Council District, City of Yonkers, the petitioner appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered August 13, 1999, which denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, without costs or disbursements.

The petitioner served as the attesting officer for the voters who signed the designating petition in question. He concedes that he inadvertently failed to indicate on the designating petition any information which would identify him as a commissioner of deeds qualified to administer an oath. Accordingly, the Supreme Court properly held that in the absence of such information the designating petition failed to comply with the requirements of Election Law § 6-132 (3) and was fatally defective (see, Matter of Hutson v Bass, 54 NY2d 772, 774; Matter of Ryan v Board of Elections, 53 NY2d 515; Matter of Burgess v D’Apice, 112 AD2d 1058). Mangano, P. J., Santucci, Sullivan, Altman and McGinity, JJ., concur.

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In a proceeding pursuant to Election Law article 16 to validate a petition designating Fernando Fuentes as a candidate in a primary election to be held on September 14, 1999, for the nomination of the Independent Party as its candidate for the public office of City Council Member, Second Council District, City of Yonkers, the petitioner appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered August 13, 1999, which denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, without costs or disbursements.

The petitioner served as the attesting officer for the voters who signed the designating petition in question. He concedes that he inadvertently failed to indicate on the designating petition any information which would identify him as a commissioner of deeds qualified to administer an oath. Accordingly, the Supreme Court properly held that in the absence of such information the designating petition failed to comply with the requirements of Election Law § 6-132 (3) and was fatally defective (see, Matter of Hutson v Bass, 54 NY2d 772, 774; Matter of Ryan v Board of Elections, 53 NY2d 515; Matter of Burgess v D’Apice, 112 AD2d 1058). Mangano, P. J., Santucci, Sullivan, Altman and McGinity, JJ., concur.

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Bluebook (online)

264 A.D.2d 490, 694 N.Y.S.2d 166, 1999 N.Y. App. Div. LEXIS 8848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuentes-v-lopez-nyappdiv-1999.

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