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Matter of Lemishow v. Sachs

Appellate Division of the Supreme Court of New York, Second Department
Aug 19, 1987
133 A.D.2d 197 (N.Y. App. Div. 1987)

Opinion

August 19, 1987

Appeal from the Supreme Court, Queens County (Le Vine, J.).


Ordered that the judgment is reversed, on the law, without costs or disbursements, the application to validate the petition is denied, and the Board of Elections of the City of New York is directed to remove the petitioners' names from the appropriate ballot.

Contrary to the petitioners' present contention, the evidence presented at the hearing established that the appellant Ulises Giberga had standing to challenge the instant designating petition due to his status as a registered member of the Republican Party.

Moreover, the Supreme Court, Queens County, erred in validating the petition, as the cover sheet wholly failed to set forth, in an acceptable manner, the number of signatures for each of the candidates and the pages at which such signatures could be found (see, Election Law § 6-134; Matter of Ruiz v. Saez, 68 N.Y.2d 154; Matter of Pecoraro v. Mahoney, 65 N.Y.2d 1026; Matter of Seely v. Vann, 122 A.D.2d 919, lv denied 68 N.Y.2d 605). Bracken, J.P., Niehoff, Rubin, Spatt and Harwood, JJ., concur.


Summaries of

Matter of Lemishow v. Sachs

Appellate Division of the Supreme Court of New York, Second Department
Aug 19, 1987
133 A.D.2d 197 (N.Y. App. Div. 1987)
Case details for

Matter of Lemishow v. Sachs

Case Details

Full title:In the Matter of ALBERT LEMISHOW et al., Respondents, v. ALICE SACHS et…

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

Date published: Aug 19, 1987

Citations

133 A.D.2d 197 (N.Y. App. Div. 1987)