Martano v. Verdi

Appellate Division of the Supreme Court of New York

Martano v. Verdi

41 A.D.2d 944, 343 N.Y.S.2d 1022, 1973 N.Y. App. Div. LEXIS 4482

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

DecidedMay 15, 1973

StatusPublished

This text of 41 A.D.2d 944 (Martano v. Verdi) 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

Martano v. Verdi, 41 A.D.2d 944, 343 N.Y.S.2d 1022, 1973 N.Y. App. Div. LEXIS 4482 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a proceeding to invalidate petitions designating respondent Michael A. Verdi as a candidate in the Republican Party Primary Election to be held on June 4, 1973 for nomination for the public office of Councilman for the 23rd Couneilmanic District, Kings County, the appeal is from a judgment of the Supreme Court, Kings County, entered May 11, 1973, which dismissed the proceeding. Judgment reversed, on the law and the facts, without costs, application granted and petitions designating respondent Michael A. Verdi as such candidate are hereby invalidated. At the end of the testimony offered to invalidate the petition under challenge, the learned Special Term stated: “the court: Vincent Livecchi. 143 signatures. I have held invalid on his petitions. 23. He got 143 signatures total. I think there is permeation of fraud on all those sheets. I will knock out all 143 signatures on which Vincent J. Livecchi was the subscribing witness.” We hold that the foregoing statement was a correct summary of the facts and the law which established the invalidity of the nominating petition in issue and that the subsequent retraction thereof by the learned Special Term, at the end of rebuttal testimony, designed to uphold the validity of the petitions, was improper. Rabin, P. J., Martuseello, Shapiro, Gulotta and Benjamin, JJ., concur.

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

In a proceeding to invalidate petitions designating respondent Michael A. Verdi as a candidate in the Republican Party Primary Election to be held on June 4, 1973 for nomination for the public office of Councilman for the 23rd Couneilmanic District, Kings County, the appeal is from a judgment of the Supreme Court, Kings County, entered May 11, 1973, which dismissed the proceeding. Judgment reversed, on the law and the facts, without costs, application granted and petitions designating respondent Michael A. Verdi as such candidate are hereby invalidated. At the end of the testimony offered to invalidate the petition under challenge, the learned Special Term stated: “the court: Vincent Livecchi. 143 signatures. I have held invalid on his petitions. 23. He got 143 signatures total. I think there is permeation of fraud on all those sheets. I will knock out all 143 signatures on which Vincent J. Livecchi was the subscribing witness.” We hold that the foregoing statement was a correct summary of the facts and the law which established the invalidity of the nominating petition in issue and that the subsequent retraction thereof by the learned Special Term, at the end of rebuttal testimony, designed to uphold the validity of the petitions, was improper. Rabin, P. J., Martuseello, Shapiro, Gulotta and Benjamin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

41 A.D.2d 944, 343 N.Y.S.2d 1022, 1973 N.Y. App. Div. LEXIS 4482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martano-v-verdi-nyappdiv-1973.