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Matter of Bachety v. Canary

Appellate Division of the Supreme Court of New York, Second Department
Aug 21, 1985
112 A.D.2d 1058 (N.Y. App. Div. 1985)

Opinion

August 21, 1985

Appeal from the Supreme Court, Suffolk County (Gowan, J.).


Judgment affirmed, without costs or disbursements.

Paul Aniboli submitted a designating petition consisting of four pages to the Board of Elections for validation. A cover sheet was annexed thereto although none was required since the petition contained less than 10 pages. Any alleged minor error in the information contained on the cover sheet is inconsequential (Election Law § 6-134). Furthermore, the alteration of a single letter in the candidate's address as listed on the form signature sheets which changed the typed address of "103 Village Lane Rd." to read "103 Village Line Rd." clearly would not tend to confuse or mislead the signatories as to the identity of the candidate. This is especially apparent in light of appellants' concession at oral argument of the appeal that no address of "Village Lane Rd." exists in the district. Appellants also acknowledged that there was no intent to deceive the signatories or the Board of Elections by this alteration. Consequently, this change was also inconsequential and should not invalidate the designating petition ( see, Ferris v. Sadowski, 45 N.Y.2d 815, 817; Matter of Scamacca v. Mahoney, 104 A.D.2d 730). Mollen, P.J., Mangano, Thompson, Rubin and Lawrence, JJ., concur.


Summaries of

Matter of Bachety v. Canary

Appellate Division of the Supreme Court of New York, Second Department
Aug 21, 1985
112 A.D.2d 1058 (N.Y. App. Div. 1985)
Case details for

Matter of Bachety v. Canary

Case Details

Full title:In the Matter of SONDRA M. BACHETY et al., Appellants, v. WILLIAM J…

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

Date published: Aug 21, 1985

Citations

112 A.D.2d 1058 (N.Y. App. Div. 1985)

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