May v. Daly

Appellate Division of the Supreme Court of New York

May v. Daly

254 A.D.2d 688, 678 N.Y.S.2d 415, 1998 N.Y. App. Div. LEXIS 10330

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

DecidedOctober 2, 1998

StatusPublished

Cited by7 cases

This text of 254 A.D.2d 688 (May v. Daly) 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.

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May v. Daly, 254 A.D.2d 688, 678 N.Y.S.2d 415, 1998 N.Y. App. Div. LEXIS 10330 (N.Y. Ct. App. 1998).

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Opinion

Order [689]*689unanimously affirmed without costs. Memorandum: Petitioners appeal from an order denying their petition to invalidate respondent Robert A. Daly’s designating petition for the Republican primary election ballot for the public office of Member of the New York State Assembly in the 138th District, to be held on September 15, 1998.

We note at the outset that Supreme Court had personal jurisdiction over Daly, who was timely served by the “leave and mail” method on the last day of the statutory period (see, Matter of Zaretski v Tutunjian, 133 AD2d 928; Matter of Weill v Erickson, 49 AD2d 895, affd 37 NY2d 851).

We reject petitioners’ contentions that the three-day cure provision of Election Law § 6-134 (2) is not applicable to the omission of page numbers in a designating petition (see, 9 NYCRR 6215.1 [a]) and that Daly did not properly cure the defect. The three-day cure provision for designating petitions (Election Law § 6-134 [2]) is available for technical violations of the regulations, including the omission of page numbers (see, Matter of Farrell v Sunderland, 173 Misc 2d 787). (Appeal from Order of Supreme Court, Niagara County, Joslin, J.— Election Law.) Present — Green, J. P., Wisner, Pigott, Jr., Callahan and Boehm, JJ. (Filed Aug. 19, 1998.)

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Order [689]*689unanimously affirmed without costs. Memorandum: Petitioners appeal from an order denying their petition to invalidate respondent Robert A. Daly’s designating petition for the Republican primary election ballot for the public office of Member of the New York State Assembly in the 138th District, to be held on September 15, 1998.

We note at the outset that Supreme Court had personal jurisdiction over Daly, who was timely served by the “leave and mail” method on the last day of the statutory period (see, Matter of Zaretski v Tutunjian, 133 AD2d 928; Matter of Weill v Erickson, 49 AD2d 895, affd 37 NY2d 851).

We reject petitioners’ contentions that the three-day cure provision of Election Law § 6-134 (2) is not applicable to the omission of page numbers in a designating petition (see, 9 NYCRR 6215.1 [a]) and that Daly did not properly cure the defect. The three-day cure provision for designating petitions (Election Law § 6-134 [2]) is available for technical violations of the regulations, including the omission of page numbers (see, Matter of Farrell v Sunderland, 173 Misc 2d 787). (Appeal from Order of Supreme Court, Niagara County, Joslin, J.— Election Law.) Present — Green, J. P., Wisner, Pigott, Jr., Callahan and Boehm, JJ. (Filed Aug. 19, 1998.)

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Bluebook (online)

254 A.D.2d 688, 678 N.Y.S.2d 415, 1998 N.Y. App. Div. LEXIS 10330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/may-v-daly-nyappdiv-1998.

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