Summary
In Matter of Di Crocco v. Power (12 N.Y.2d 762), the Court of Appeals held that a person who merely signed a designating petition was not barred from signing an independent nominating petition of a candidate for the same office.
Summary of this case from Matter of Graziano v. DonohueOpinion
Argued October 31, 1962
Decided November 1, 1962
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES C. CRANE, J.
Robert B. Brady for appellant.
No appearance for respondents.
In the first above-entitled proceeding: Order of Appellate Division reversed, without costs, and application of appellant Di Crocco for an order declaring her independent nominating petition valid granted. Under subdivision 6 of section 138 of the Election Law, as the result of the amendment to then section 137 in 1945 (L. 1945, ch. 824), the signator of a designating petition for a candidate in a primary election who has not voted in such primary is not barred from signing an independent nominating petition. Accordingly, since the 444 persons who simply signed the designating petition were not disqualified from signing the independent petition for appellant Di Crocco, her petition contained sufficient valid signatures. No opinion.
In the second above-entitled proceeding: Order of Appellate Division reversed, without costs, and the application denied on the authority of Matter of Di Crocco v. Power, decided herewith. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.