Holster v. Matthews

Appellate Division of the Supreme Court of New York

Holster v. Matthews

185 A.D.2d 959, 587 N.Y.S.2d 27, 1992 N.Y. App. Div. LEXIS 10125

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

DecidedAugust 25, 1992

StatusPublished

Cited by3 cases

This text of 185 A.D.2d 959 (Holster v. Matthews) 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

Holster v. Matthews, 185 A.D.2d 959, 587 N.Y.S.2d 27, 1992 N.Y. App. Div. LEXIS 10125 (N.Y. Ct. App. 1992).

Pincite

Opinion

— In a proceeding to validate a petition designating Charles E. Holster III, as a candidate in a primary election to be held on September 15, 1992, for the nomination of the Democratic Party as its candidate for the public office of New York State Senator for the 9th Senatorial District, the [960]*960appeal is from a judgment of the Supreme Court, Nassau County (Levitt, J.), entered August 20, 1992, which, after a hearing, dismissed the proceeding.

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

The Supreme Court properly concluded that the petitioner’s designating petition was invalid owing to a complete failure to number consecutively the 87 sheets of the petition in compliance with Election Law § 6-134 (2) (see, Matter of Braxton v Mahoney, 63 NY2d 691). None of the sheets were numbered as required by statute (see, Matter of Braxton v Mahoney, supra). Under the circumstances, there was not substantial compliance with the statute (cf., Matter of Rosen v McNab, 25 NY2d 798, 799; Matter of Jonas v Black, 104 AD2d 466, affd 63 NY2d 685; Matter of Frawley v Regan, 77 AD2d 937). Mangano, P. J., Thompson, Sullivan, Lawrence and Pizzuto, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

— In a proceeding to validate a petition designating Charles E. Holster III, as a candidate in a primary election to be held on September 15, 1992, for the nomination of the Democratic Party as its candidate for the public office of New York State Senator for the 9th Senatorial District, the [960]*960appeal is from a judgment of the Supreme Court, Nassau County (Levitt, J.), entered August 20, 1992, which, after a hearing, dismissed the proceeding.

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

The Supreme Court properly concluded that the petitioner’s designating petition was invalid owing to a complete failure to number consecutively the 87 sheets of the petition in compliance with Election Law § 6-134 (2) (see, Matter of Braxton v Mahoney, 63 NY2d 691). None of the sheets were numbered as required by statute (see, Matter of Braxton v Mahoney, supra). Under the circumstances, there was not substantial compliance with the statute (cf., Matter of Rosen v McNab, 25 NY2d 798, 799; Matter of Jonas v Black, 104 AD2d 466, affd 63 NY2d 685; Matter of Frawley v Regan, 77 AD2d 937). Mangano, P. J., Thompson, Sullivan, Lawrence and Pizzuto, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

185 A.D.2d 959, 587 N.Y.S.2d 27, 1992 N.Y. App. Div. LEXIS 10125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holster-v-matthews-nyappdiv-1992.

Opinion

Related

Cite This Page — Counsel Stack