Graber v. Mahoney

Appellate Division of the Supreme Court of New York

Graber v. Mahoney

143 A.D.2d 502, 533 N.Y.S.2d 155, 1988 N.Y. App. Div. LEXIS 10645

Appellate Division of the Supreme Court of the State of New York·Decided September 27, 1988·Published·Cited by 1 cases

Opinion

Order unanimously reversed without costs, petition dismissed and designating petition validated. Memorandum: Absent any allegation of fraud, falsification, or undue influence, the failure of a notary public to administer a formal oath to a party signing a designating petition is insufficient to overcome the presumption of regularity (see, Matter of La Mendola v Mahoney, 49 AD2d 798). (Appeal from order of Supreme Court, Erie County, McGowan, J. — Election Law.) Present — Doerr, J. P., Denman, Boomer, Lawton and Davis, JJ. (Order entered Aug. 26,1988.)

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Order unanimously reversed without costs, petition dismissed and designating petition validated. Memorandum: Absent any allegation of fraud, falsification, or undue influence, the failure of a notary public to administer a formal oath to a party signing a designating petition is insufficient to overcome the presumption of regularity (see, Matter of La Mendola v Mahoney, 49 AD2d 798). (Appeal from order of Supreme Court, Erie County, McGowan, J. — Election Law.) Present — Doerr, J. P., Denman, Boomer, Lawton and Davis, JJ. (Order entered Aug. 26,1988.)

Graber v. Mahoney, 143 A.D.2d 502, 533 N.Y.S.2d 155, 1988 N.Y. App. Div. LEXIS 10645 (N.Y. Ct. App. 1988).

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Opinion

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