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Smith v. Mahoney

454 N.E.2d 531, 60 N.Y.2d 596, 467 N.Y.S.2d 191, 1983 N.Y. LEXIS 3307
CourtNew York Court of Appeals
DecidedAugust 30, 1983
StatusPublished
Cited by16 cases

This text of 454 N.E.2d 531 (Smith v. Mahoney) 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
Smith v. Mahoney, 454 N.E.2d 531, 60 N.Y.2d 596, 467 N.Y.S.2d 191, 1983 N.Y. LEXIS 3307 (N.Y. 1983).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Petitioner submitted a designating petition with a cover sheet that omitted the title of the office for which he was running. This information is required by statute (Election Law, § 6-134, subd 2), with which there must be strict compliance (see Matter of Hutson v Bass, 54 NY2d 772, 773-774). Petitioner’s failure to include the necessary information is not excused by the fact that the form he used was supplied by the local board of elections. That body is not empowered to authorize, implicitly or explicitly, noncompliance with the strictures set forth by the Legislature in section 6-134.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur.

Order affirmed, without costs, in a memorandum.

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Bluebook (online)
454 N.E.2d 531, 60 N.Y.2d 596, 467 N.Y.S.2d 191, 1983 N.Y. LEXIS 3307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-mahoney-ny-1983.