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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
CourtNew York Court of Appeals
DecidedSeptember 2, 1980
StatusPublished
Cited by16 cases

This text of 411 N.E.2d 777 (MATTER OF RODRIGUEZ v. Harris) 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 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).

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
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Bluebook (online)
411 N.E.2d 777, 51 N.Y.2d 737, 432 N.Y.S.2d 358, 1980 N.Y. LEXIS 2594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-rodriguez-v-harris-ny-1980.