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Matter of Bennett v. Board of Elections

Appellate Division of the Supreme Court of New York, Second Department
Aug 18, 1999
264 A.D.2d 451 (N.Y. App. Div. 1999)

Opinion

August 18, 1999.

Appeal from the Supreme Court, Dutchess County (LaCava, J.).


Ordered that the judgment is reversed insofar as appealed from, on the law, without costs or disbursements, the application is granted in its entirety, and the Board of Elections of the County of Dutchess is directed to remove the name of Cynthia Greer from the appropriate ballot.

The method employed by the subscribing witnesses, including the candidate, of collecting the signatures for the designating petition on appeal permeated that petition with fraud, and warrants invalidation of that petition ( see, Matter of Miller v. Gumbs, 207 A.D.2d 512; see also, Matter of Haas v. Costigan, 14 A.D.2d 809).

In light of our determination, we need not reach the remaining issues.

Mangano, P. J., Thompson, Sullivan, Krausman and Goldstein, JJ., concur.


Summaries of

Matter of Bennett v. Board of Elections

Appellate Division of the Supreme Court of New York, Second Department
Aug 18, 1999
264 A.D.2d 451 (N.Y. App. Div. 1999)
Case details for

Matter of Bennett v. Board of Elections

Case Details

Full title:In the Matter of ELMA J. BENNETT, Petitioner, and ROBERT GERMANO et al.…

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

Date published: Aug 18, 1999

Citations

264 A.D.2d 451 (N.Y. App. Div. 1999)
694 N.Y.S.2d 145