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Matter of Engert v. McNab

Court of Appeals of the State of New York
Aug 31, 1983
60 N.Y.2d 607 (N.Y. 1983)

Opinion

Argued August 30, 1983

Decided August 31, 1983

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN J.J. JONES, J.

Steven M. Schapiro for appellants.

Frederic Block for respondents.


MEMORANDUM.

Order reversed, without costs, and petition to validate dismissed.

In Matter of Hutson v Bass ( 54 N.Y.2d 772, 774), we emphasized that "[w]hile substantial compliance is acceptable as to details of form, there must be strict compliance with statutory commands as to matters of prescribed content". The failure of the petitioners to set forth on the cover sheet of their designating petition the information necessary to comply with subdivision 2 of section 6-134 of the Election Law is a matter of substance, and not form, and that "omission to include the prescribed information is fatal." ( Matter of Frome v Board of Elections, 57 N.Y.2d 741, 742.)

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur in memorandum.

Order reversed, etc.


Summaries of

Matter of Engert v. McNab

Court of Appeals of the State of New York
Aug 31, 1983
60 N.Y.2d 607 (N.Y. 1983)
Case details for

Matter of Engert v. McNab

Case Details

Full title:In the Matter of RICHARD ENGERT et al., Respondents, v. EVERETT F. McNAB…

Court:Court of Appeals of the State of New York

Date published: Aug 31, 1983

Citations

60 N.Y.2d 607 (N.Y. 1983)
467 N.Y.S.2d 195
454 N.E.2d 535

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