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Matter of Liotti v. Nassau County Board

Appellate Division of the Supreme Court of New York, Second Department
Mar 13, 1991
171 A.D.2d 769 (N.Y. App. Div. 1991)

Opinion

March 13, 1991

Appeal from the Supreme Court, Nassau County (Kohn, J.).


Ordered that the order is affirmed, without costs or disbursements.

We agree with the Supreme Court that the appellant's failure to state that he is qualified to vote in the Incorporated Village of Westbury renders his objection to the nominating petition void since he failed to demonstrate his standing to object to the petition or to the cover sheet thereof. Election Law § 6-154 (2) requires that the objector must be a "voter registered to vote for such public office," that is, registered to vote in the Incorporated Village of Westbury (see, e.g., Lucariello v Niebel, 72 N.Y.2d 927; Matter of Collins v Marchi, 72 N.Y.2d 930; cf., Matter of Brosnan v Black, 104 A.D.2d 469, affd 63 N.Y.2d 692). Thus, the appellant's statement that he is registered to vote in Nassau County, without more, is fatally defective. Moreover, despite having been repeatedly put on notice that his standing as an objector was in issue, the appellant has not affirmed that he is, in fact, registered to vote for public office in the general village election to be held on March 19, 1991, in Westbury.

Furthermore, the court correctly found that even if the appellant's objection were not void, the defect in the cover sheet, the only defect found in the petition, is inconsequential (see, e.g., Matter of Love v Board of Elections, 74 N.Y.2d 799; Matter of Staber v Fidler, 65 N.Y.2d 529; Matter of Maloney v Board of Elections, 65 N.Y.2d 964; Matter of Franco v Velez, 65 N.Y.2d 967; Matter of Pecoraro v Mahoney, 65 N.Y.2d 1026; Matter of Jonas v Black, 63 N.Y.2d 685; Matter of Garson v Cohen, 153 A.D.2d 718; Matter of Bachety v Canary, 112 A.D.2d 1058).

We have considered the appellant's remaining contentions and find them to be without merit. Thompson, J.P., Brown, Miller and O'Brien, JJ., concur.


Summaries of

Matter of Liotti v. Nassau County Board

Appellate Division of the Supreme Court of New York, Second Department
Mar 13, 1991
171 A.D.2d 769 (N.Y. App. Div. 1991)
Case details for

Matter of Liotti v. Nassau County Board

Case Details

Full title:In the Matter of THOMAS F. LIOTTI et al., Respondents, v. NASSAU COUNTY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 13, 1991

Citations

171 A.D.2d 769 (N.Y. App. Div. 1991)
567 N.Y.S.2d 322

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