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Matter of Brown v. Suffolk County Bd., Elec. [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Aug 23, 1999
(N.Y. App. Div. Aug. 23, 1999)

Opinion

Argued August 23, 1999

August 23, 1999

GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, THOMAS R. SULLIVAN, MYRIAM I. ALTMAN, and HOWARD MILLER, JJ.


DECISION ORDER

In a proceeding to invalidate a petition designating Terese A. Caputo as a candidate in a primary election to be held on September 14, 1999, for the nomination of the Republican Party as its candidate for the public office of Suffolk County Legislator for the 9th Legislative District, the petitioner appeals from an order of the Supreme Court, Suffolk County (Jones, J.), dated August 18, 1999, which, after a hearing, denied the application.

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

We agree with the Supreme Court that the designating petition contains a sufficient number of valid signatures. The court properly validated those signatures which were witnessed by a notary public who obtained a statement from each of the signatories as to the truth of the matter to which they subscribed their names and thereby substantially complied with Election Law § 6-132 Elec. (3) (cf., Matter of Helfand v. Meisser, 22 N.Y.2d 762; Matter of Merrill v. Adler, 253 A.D.2d 505; Matter of Boyle v. New York City Bd. of Elections, 185 A.D.2d 953; Matter of Zunno v. Fein, 175 A.D.2d 935, 936).

The appellant's remaining contention is without merit (see, Matter of Ferraro v. McNab, 60 N.Y.2d 601, 603; Matter of Klugman v. King, 242 A.D.2d 346).

MANGANO, P.J., SANTUCCI, SULLIVAN, ALTMAN, and H. MILLER, JJ., concur.


Summaries of

Matter of Brown v. Suffolk County Bd., Elec. [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Aug 23, 1999
(N.Y. App. Div. Aug. 23, 1999)
Case details for

Matter of Brown v. Suffolk County Bd., Elec. [2d Dept 1999

Case Details

Full title:In the Matter of JENNIFER BROWN, appellant, v. SUFFOLK COUNTY BOARD OF…

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

Date published: Aug 23, 1999

Citations

(N.Y. App. Div. Aug. 23, 1999)