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Matter of Carncross v. Salerno

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 1986
124 A.D.2d 1071 (N.Y. App. Div. 1986)

Opinion

November 10, 1986

Appeal from the Supreme Court, Erie County, Fudeman, J.

Present — Denman, J.P., Boomer, Pine, Balio and Schnepp, JJ. (Order entered Oct. 21, 1986.)


Order unanimously affirmed without costs. Memorandum: We agree with Special Term that petitioners' claims are without merit. The certificate of nomination, entitled "New York State Conservative Party Judicial District Convention Authorization", complied with Election Law § 6-156. There is no requirement in the statute that the document be entitled "certificate of nomination". Moreover, failure to include the Committee to Fill Vacancies in the certificate of nomination was not a fatal defect. Although it appears from the minutes of the convention that a committee was in fact appointed, the requirement was informational and thus did not render the document invalid (see, Matter of Sahler v Callahan, 92 A.D.2d 976). Furthermore, the minutes of the convention do not reveal any infirmity with respect to the nomination of Fallon. Since there was no issue of fact, no hearing was required. In view of our disposition, we do not reach the other issues raised.


Summaries of

Matter of Carncross v. Salerno

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 1986
124 A.D.2d 1071 (N.Y. App. Div. 1986)
Case details for

Matter of Carncross v. Salerno

Case Details

Full title:In the Matter of CLEMENT G. CARNCROSS, as Objector, and NOEL E. BARTLO, as…

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

Date published: Nov 10, 1986

Citations

124 A.D.2d 1071 (N.Y. App. Div. 1986)

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