Kent v. Bass

Appellate Division of the Supreme Court of New York

Kent v. Bass

83 A.D.2d 898, 442 N.Y.S.2d 123, 1981 N.Y. App. Div. LEXIS 15318

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

DecidedAugust 28, 1981

StatusPublished

Cited by3 cases

This text of 83 A.D.2d 898 (Kent v. Bass) 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

Kent v. Bass, 83 A.D.2d 898, 442 N.Y.S.2d 123, 1981 N.Y. App. Div. LEXIS 15318 (N.Y. Ct. App. 1981).

Pincite

Opinion

In a proceeding to validate a petition designating petitioner as a candidate in the Liberal Party Primary Election to be held on September 10, 1981 for the public office of council member, New York City Council, 30th Councilmanic District, the appeal is from a judgment of the Supreme Court, Kings County (Slavin, J.), dated August 11,1981, denying the petition. Judgment reversed, on the law, without costs or disbursements, and petition granted. The board of elections is directed to restore petitioner’s name to the ballot. One of the sheets in the designating petition contained a sequence of signatures dated July 21, 1981. Interspersed withinffiiis sequence was a single signature dated “8-21-81”. The court struck not only the signature bearing the “8-21-81” date, but also the two signatures immediately following. These signatures, which were otherwise valid, bore the date July 21, 1981. In light of the fact that the designating petition was received by the board of elections on July 23, 1981, the “8-21-81” date was an obvious error which should not serve to invalidate the two subsequent signatures. Those two signatures, when added to the 25 other valid signatures, give petitioner the 27 valid signatures needed for designation as a candidate in the Liberal Party Primary Election for the public office of council member. Mangano, J. P., Rabin, Margett and Thompson, 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 petitioner as a candidate in the Liberal Party Primary Election to be held on September 10, 1981 for the public office of council member, New York City Council, 30th Councilmanic District, the appeal is from a judgment of the Supreme Court, Kings County (Slavin, J.), dated August 11,1981, denying the petition. Judgment reversed, on the law, without costs or disbursements, and petition granted. The board of elections is directed to restore petitioner’s name to the ballot. One of the sheets in the designating petition contained a sequence of signatures dated July 21, 1981. Interspersed withinffiiis sequence was a single signature dated “8-21-81”. The court struck not only the signature bearing the “8-21-81” date, but also the two signatures immediately following. These signatures, which were otherwise valid, bore the date July 21, 1981. In light of the fact that the designating petition was received by the board of elections on July 23, 1981, the “8-21-81” date was an obvious error which should not serve to invalidate the two subsequent signatures. Those two signatures, when added to the 25 other valid signatures, give petitioner the 27 valid signatures needed for designation as a candidate in the Liberal Party Primary Election for the public office of council member. Mangano, J. P., Rabin, Margett and Thompson, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

83 A.D.2d 898, 442 N.Y.S.2d 123, 1981 N.Y. App. Div. LEXIS 15318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kent-v-bass-nyappdiv-1981.

Opinion

Related

Cite This Page — Counsel Stack