Home/New York Court of Appeals/MATTER OF FUCHSBERG v. Lomenzo

MATTER OF FUCHSBERG v. Lomenzo

304 N.E.2d 564, 33 N.Y.2d 718, 349 N.Y.S.2d 994, 1973 N.Y. LEXIS 988
CourtNew York Court of Appeals
DecidedOctober 23, 1973
StatusPublished
Cited by3 cases

This text of 304 N.E.2d 564 (MATTER OF FUCHSBERG v. Lomenzo) 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 FUCHSBERG v. Lomenzo, 304 N.E.2d 564, 33 N.Y.2d 718, 349 N.Y.S.2d 994, 1973 N.Y. LEXIS 988 (N.Y. 1973).

Opinion

Order affirmed, without costs, in the following memorandum: Contrary to the contention of the petitioner, the Secretary of State had power and jurisdiction to invalidate his independent *720 nominating petition. Since the weight of evidence preponderates in favor of the findings of the Appellate Division, the order appealed from should he affirmed, without costs, on the opinion of that court. We would but add that, in reaching this decision, we have actually made our own tabulation and computations of the signatures in dispute.

Concur: Chief Judge Fuld and Judges Burke, Gabrielli, J ones, Wachtler, Martuscello * and Shapiro * .

*

Designated pursuant to section 2 of article VI of the State Constitution in place of Breitel and Jasen, JJ.

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Bluebook (online)
304 N.E.2d 564, 33 N.Y.2d 718, 349 N.Y.S.2d 994, 1973 N.Y. LEXIS 988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-fuchsberg-v-lomenzo-ny-1973.