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In re Matthew Mastrantone

Appellate Division of the Supreme Court of New York, Second Department
Aug 16, 2011
87 A.D.3d 645 (N.Y. App. Div. 2011)

Opinion

No. 2011-07164.

Decided on August 16, 2011.

In a proceeding pursuant to Election Law § 16-102, inter alia, to validate a petition designating Matthew Mastrantone as a candidate in a primary election to be held on September 13, 2011, for the nomination of the Republican Party as its candidate for the public office of Highway Superintendent for the Town of Philipstown, the petitioner appeals from a final order of the Supreme Court, Putnam County (Nicolai, J.), dated August 9, 2011, which, after a hearing, among other things, denied the petition and dismissed the proceeding.

Before: Skelos, J.P., Covello, Balkin, Austin and Sgroi, JJ.


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

Contrary to the petitioner's contention on appeal, the Supreme Court properly determined that the signatures of several voters on his designating petition were invalid since those voters previously had signed the designating petition of another candidate for the same public office ( see Election Law § 6-134; Matter of Ehrlich v Biamonte, 65 AD3d 990; Matter of Venuti v Westchester County Bd. of Elections, 43 AD3d 482, 484; Matter of Rabadi v Galan, 307 AD2d 1014). Consequently, the petitioner's designating petition did not contain the required number of valid signatures ( see Election Law § 6-136; Matter of Ehrlich v Biamonte, 65 AD3d at 990; Matter of James v New York City Bd. of Elections, 21 AD3d 507).

The petitioner's remaining contentions are without merit.


Summaries of

In re Matthew Mastrantone

Appellate Division of the Supreme Court of New York, Second Department
Aug 16, 2011
87 A.D.3d 645 (N.Y. App. Div. 2011)
Case details for

In re Matthew Mastrantone

Case Details

Full title:In the Matter of MATTHEW MASTRANTONE, Appellant, v. ROGER CHIRICO et al.…

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

Date published: Aug 16, 2011

Citations

87 A.D.3d 645 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 6270
928 N.Y.S.2d 465