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Sciarra v. Donnelly

318 N.E.2d 602, 34 N.Y.2d 970, 360 N.Y.S.2d 410, 1974 N.Y. LEXIS 1366
CourtNew York Court of Appeals
DecidedAugust 28, 1974
StatusPublished
Cited by16 cases

This text of 318 N.E.2d 602 (Sciarra v. Donnelly) 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
Sciarra v. Donnelly, 318 N.E.2d 602, 34 N.Y.2d 970, 360 N.Y.S.2d 410, 1974 N.Y. LEXIS 1366 (N.Y. 1974).

Opinion

Order reversed, without costs, and the petition under section 330 of the Election Law granted. Although the voter signatures in dispute contained the proper addresses, incorrect election or assembly districts were listed. This was not a case of confusion created by reapportionment. The provisions of subdivision 2 of section 135 of the Election Law must be strictly followed. (Cf. Matter of Maurin v. Allis, 28 A D 2d 810, affd. 20 N Y 2d 671.) Moreover, as noted by the dissenter at the Appellate Division, this was not a case in which the voters’ prior election or assembly districts were listed.

Concur: Chief Judge Breitel and Judges Gabrielli, Jones, Wachtler, Rabin and Staley.

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Bluebook (online)
318 N.E.2d 602, 34 N.Y.2d 970, 360 N.Y.S.2d 410, 1974 N.Y. LEXIS 1366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sciarra-v-donnelly-ny-1974.