Siwek v. Mahoney

Appellate Division of the Supreme Court of New York

Siwek v. Mahoney

113 A.D.2d 1022, 494 N.Y.S.2d 588, 1985 N.Y. App. Div. LEXIS 52648

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

DecidedSeptember 27, 1985

StatusPublished

This text of 113 A.D.2d 1022 (Siwek v. Mahoney) 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

Siwek v. Mahoney, 113 A.D.2d 1022, 494 N.Y.S.2d 588, 1985 N.Y. App. Div. LEXIS 52648 (N.Y. Ct. App. 1985).

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Opinion

Order unanimously affirmed, without costs. Memorandum: Petitioner brought this proceeding to invalidate respondent’s designating petition for the Republican nomination for Mayor of the City of Buffalo on the ground that the cover sheet failed to state the exact number of signatures therein (Election Law § 6-134 [2]). Special Term denied the petitioner the relief requested. We affirm.

Special Term found that, although the cover sheet lists only 7,097 signatures, there were actually 7,112 signatures, an understatement of 15. The understatement of 15 signatures on the cover sheet of the designating petition is not a fatal defect (Matter of Jonas v Black, 63 NY2d 685, affg 104 AD2d 466). We have considered petitioner’s other contentions and find them to be without merit. (Appeal from order of Supreme Court, Erie County, Fudeman, J.—Election Law.) Present— Doerr, J. P., Denman, Boomer, O’Donnell and Schnepp, JJ. (Decision entered Aug. 21,1985.)

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Order unanimously affirmed, without costs. Memorandum: Petitioner brought this proceeding to invalidate respondent’s designating petition for the Republican nomination for Mayor of the City of Buffalo on the ground that the cover sheet failed to state the exact number of signatures therein (Election Law § 6-134 [2]). Special Term denied the petitioner the relief requested. We affirm.

Special Term found that, although the cover sheet lists only 7,097 signatures, there were actually 7,112 signatures, an understatement of 15. The understatement of 15 signatures on the cover sheet of the designating petition is not a fatal defect (Matter of Jonas v Black, 63 NY2d 685, affg 104 AD2d 466). We have considered petitioner’s other contentions and find them to be without merit. (Appeal from order of Supreme Court, Erie County, Fudeman, J.—Election Law.) Present— Doerr, J. P., Denman, Boomer, O’Donnell and Schnepp, JJ. (Decision entered Aug. 21,1985.)

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Bluebook (online)

113 A.D.2d 1022, 494 N.Y.S.2d 588, 1985 N.Y. App. Div. LEXIS 52648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siwek-v-mahoney-nyappdiv-1985.

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