Home/New York Court of Appeals/Sheldon v. Sperber

Sheldon v. Sperber

381 N.E.2d 159, 45 N.Y.2d 788, 409 N.Y.S.2d 1, 1978 N.Y. LEXIS 2220
CourtNew York Court of Appeals
DecidedSeptember 1, 1978
StatusPublished
Cited by11 cases

This text of 381 N.E.2d 159 (Sheldon v. Sperber) 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
Sheldon v. Sperber, 381 N.E.2d 159, 45 N.Y.2d 788, 409 N.Y.S.2d 1, 1978 N.Y. LEXIS 2220 (N.Y. 1978).

Opinion

[789]*789OPINION OF THE COURT

Memorandum.

Order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division.

The unsworn statement of a subscribing witness to a designating petition is a formal act requiring compliance with prescribed statutory procedure. Section 6-132 of the Election Law mandates that, preceding his or her signature, a subscribing witness state his or her name, party enrollment, residence, election district, ward or assembly district, city or town, county, the number of signatures witnessed and the date. The addition of this information subsequent to the signature of the subscribing witness by another in the witness’ absence is a nullity, rendering the witnessed signatures invalid. (E.g., Matter of Anderson v Power, 1 AD2d 603, affd 1 NY2d 868.)

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, without costs, in a memorandum.

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Cite This Page — Counsel Stack

Bluebook (online)
381 N.E.2d 159, 45 N.Y.2d 788, 409 N.Y.S.2d 1, 1978 N.Y. LEXIS 2220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheldon-v-sperber-ny-1978.