Home/New York Court of Appeals/MATTER OF ENGERT v. McNab

MATTER OF ENGERT v. McNab

454 N.E.2d 535, 60 N.Y.2d 607, 467 N.Y.S.2d 195, 1983 N.Y. LEXIS 3316
CourtNew York Court of Appeals
DecidedAugust 31, 1983
StatusPublished
Cited by10 cases

This text of 454 N.E.2d 535 (MATTER OF ENGERT v. McNab) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MATTER OF ENGERT v. McNab, 454 N.E.2d 535, 60 N.Y.2d 607, 467 N.Y.S.2d 195, 1983 N.Y. LEXIS 3316 (N.Y. 1983).

Opinion

*608 OPINION OF THE COURT

Memorandum.

Order reversed, without costs, and petition to validate dismissed.

In Matter of Hutson v Bass (54 NY2d 772, 774), we emphasized that “[wjhile substantial compliance is acceptable as to details of form, there must be strict compliance with statutory commands as to matters of prescribed content”. The failure of the petitioners to set forth on the cover sheet of their designating petition the information necessary to comply with subdivision 2 of section 6-134 of the Election Law is a matter of substance, and not form, and that “omission to include the prescribed information is fatal.” (Matter of Frome v Board of Elections, 57 NY2d 741, 742.)

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur in memorandum.

Order reversed, etc.

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Bluebook (online)
454 N.E.2d 535, 60 N.Y.2d 607, 467 N.Y.S.2d 195, 1983 N.Y. LEXIS 3316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-engert-v-mcnab-ny-1983.