O'Donovan v. Board of Elections

Appellate Division of the Supreme Court of New York

O'Donovan v. Board of Elections

176 A.D.2d 229, 574 N.Y.S.2d 56, 1991 N.Y. App. Div. LEXIS 11482

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

DecidedSeptember 5, 1991

StatusPublished

This text of 176 A.D.2d 229 (O'Donovan v. Board of Elections) 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.

Bluebook

O'Donovan v. Board of Elections, 176 A.D.2d 229, 574 N.Y.S.2d 56, 1991 N.Y. App. Div. LEXIS 11482 (N.Y. Ct. App. 1991).

Pincite

Opinion

— In a proceeding to invalidate a petition designating Thomas Pastore as a candidate in the Democratic Party primary election to be held on September 12, 1991, for the nomination of that party as its candidate for the public office of Member of the New York City Council for the 49th Councilmanic District, the appeal is from a judgment of the Supreme Court, Richmond County (Leone, J.), dated August 27, 1991, which, after a hearing, granted the application.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the proceeding is dismissed, and the Board of Elections of the City of New York is directed to restore the name of Thomas Pastore to the appropriate ballot.

While the record does indicate that “politically prominent” Republicans aided the appellant in connection with his designating petition by picking up blank petition sheets from the printer, recruiting registered Democrats to circulate some of the petition sheets, and reviewing and copying the completed petition before it was filed, those actions were not sufficient to [230]*230demonstrate that the petition was permeated with fraud. Harwood, J. P., Lawrence, Eiber and Balletta, JJ., concur.

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— In a proceeding to invalidate a petition designating Thomas Pastore as a candidate in the Democratic Party primary election to be held on September 12, 1991, for the nomination of that party as its candidate for the public office of Member of the New York City Council for the 49th Councilmanic District, the appeal is from a judgment of the Supreme Court, Richmond County (Leone, J.), dated August 27, 1991, which, after a hearing, granted the application.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the proceeding is dismissed, and the Board of Elections of the City of New York is directed to restore the name of Thomas Pastore to the appropriate ballot.

While the record does indicate that “politically prominent” Republicans aided the appellant in connection with his designating petition by picking up blank petition sheets from the printer, recruiting registered Democrats to circulate some of the petition sheets, and reviewing and copying the completed petition before it was filed, those actions were not sufficient to [230]*230demonstrate that the petition was permeated with fraud. Harwood, J. P., Lawrence, Eiber and Balletta, JJ., concur.

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Bluebook (online)

176 A.D.2d 229, 574 N.Y.S.2d 56, 1991 N.Y. App. Div. LEXIS 11482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/odonovan-v-board-of-elections-nyappdiv-1991.