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MATTER OF RODRIGUEZ v. Harris

411 N.E.2d 777, 51 N.Y.2d 737, 432 N.Y.S.2d 358, 1980 N.Y. LEXIS 2594
New York Court of Appeals·Decided September 2, 1980·Published·Cited by 16 cases

Opinions

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs.

It was the factual determination of Special Term that there was no proof of forgery , or fraud or that the candidate himself had participated in or had any knowledge of the irregularities in the designating petition. In this circumstance the conclusion that, among 4,336. signatures held valid by the Board of Elections (out of a total 6,000 signatures), 9 signatures were invalid because they had not been taken by the notary or by the subscribing witness is insufficient as a matter of law to establish fraud as to the method or on the part of the persons collecting the signatures or a pattern of irregularities, such as in either instance could be said to have permeated the entire designating petition.

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MATTER OF RODRIGUEZ v. Harris, 411 N.E.2d 777, 51 N.Y.2d 737, 432 N.Y.S.2d 358, 1980 N.Y. LEXIS 2594 (N.Y. 1980).

411 N.E.2d 777 (MATTER OF RODRIGUEZ v. Harris) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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MATTER OF RODRIGUEZ v. Harris
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