From Casetext: Smarter Legal Research

Matter of Holster v. Matthews

Appellate Division of the Supreme Court of New York, Second Department
Aug 25, 1992
185 A.D.2d 959 (N.Y. App. Div. 1992)

Opinion

August 25, 1992

Appeal from the Supreme Court, Nassau County (Levitt, J.).


Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly concluded that the petitioner's designating petition was invalid owing to a complete failure to number consecutively the 87 sheets of the petition in compliance with Election Law § 6-134 (2) (see, Matter of Braxton v Mahoney, 63 N.Y.2d 691). None of the sheets were numbered as required by statute (see, Matter of Braxton v. Mahoney, supra). Under the circumstances, there was not substantial compliance with the statute (cf., Matter of Rosen v. McNab, 25 N.Y.2d 798, 799; Matter of Jonas v. Black, 104 A.D.2d 466, affd 63 N.Y.2d 685; Matter of Frawley v. Regan, 77 A.D.2d 937). Mangano, P.J., Thompson, Sullivan, Lawrence and Pizzuto, JJ., concur.


Summaries of

Matter of Holster v. Matthews

Appellate Division of the Supreme Court of New York, Second Department
Aug 25, 1992
185 A.D.2d 959 (N.Y. App. Div. 1992)
Case details for

Matter of Holster v. Matthews

Case Details

Full title:In the Matter of CHARLES E. HOLSTER III, Appellant, v. JOHN MATTHEWS et…

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

Date published: Aug 25, 1992

Citations

185 A.D.2d 959 (N.Y. App. Div. 1992)

Citing Cases

Mtr. of Farrell v. Sunderland

In Braxton, the Court of Appeals definitively held that the failure to bind and consecutively number a…

Zulauf v. Martin (In re Zulauf)

We disagree. The petitioners are correct that, where a candidate fails entirely to number the pages of a…