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Matter of Krueger v. Richards, Hickey

Court of Appeals of the State of New York
May 2, 1983
59 N.Y.2d 680 (N.Y. 1983)

Opinion

Argued May 2, 1983

Decided May 2, 1983

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, WILLIAM G. GIACCIO, J.

Robert S. Sikorski for appellant.

Robert Allan Muir, Jr., for respondent.


MEMORANDUM.

The order of the Appellate Division granting the petition to invalidate the nominating petition should be affirmed.

Respondent brought no petition to validate, which would have required that she specify the signatures which she claimed the board had erroneously invalidated. Instead, after the statutory time period (Election Law, § 16-102, subd 2), she served an answer to the petition to invalidate containing an affirmative defense in which she claimed, without specification, that there were sufficient valid signatures to her petition. To permit her to do so would be manifestly unfair (see Matter of Suarez v Sadowski, 48 N.Y.2d 620, 621) because her opponents would thereby be deprived of the full opportunity afforded them by the statute to meet her proof.

The Appellate Division did not err, therefore, in precluding her from relying upon the validity of such unspecified signatures. Nor are there present in this case unique circumstances, such as were present in Matter of Halloway ( 77 A.D.2d 932, 933; see Matter of Pell v Coveney, 37 N.Y.2d 494). In light of this disposition, we do not reach the substantive issues raised.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur; Judge FUCHSBERG taking no part.

Order affirmed, without costs, in a memorandum.


Summaries of

Matter of Krueger v. Richards, Hickey

Court of Appeals of the State of New York
May 2, 1983
59 N.Y.2d 680 (N.Y. 1983)
Case details for

Matter of Krueger v. Richards, Hickey

Case Details

Full title:In the Matter of CAROL A. KRUEGER, Respondent, v. MARTIN RICHARDS et al.…

Court:Court of Appeals of the State of New York

Date published: May 2, 1983

Citations

59 N.Y.2d 680 (N.Y. 1983)
463 N.Y.S.2d 413
450 N.E.2d 219

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