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Matter of Maloney v. Board of Elections

Court of Appeals of the State of New York
Aug 28, 1985
483 N.E.2d 1152 (N.Y. 1985)

Opinion

Argued August 26, 1985

Decided August 28, 1985

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Arthur E. Blyn, J.

Nicholas Miglino for appellant.

Paul E. Kerson for William Perkins, respondent.

Frederick A.O. Schwarz, Jr., Corporation Counsel ( Michael C. Harwood and Susan R. Rosenberg of counsel), for Board of Elections of City of New York, respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Even if we were to strike the first volume of the candidate's designating petition because of superfluous pages ( see, Matter of Jonas v Black, 63 N.Y.2d 685, affg 104 A.D.2d 466), the other three volumes of his petition contain more than ample valid signatures to entitle him to a position on the primary election ballot. The remaining defects in the petition cited by appellant, slight overstatements of total signatures on the cover sheets, are inconsequential ( see, Matter of Staber v Fidler, 65 N.Y.2d 529).

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.

Order affirmed, without costs, in a memorandum.


Summaries of

Matter of Maloney v. Board of Elections

Court of Appeals of the State of New York
Aug 28, 1985
483 N.E.2d 1152 (N.Y. 1985)
Case details for

Matter of Maloney v. Board of Elections

Case Details

Full title:In the Matter of CAROLYN MALONEY, Appellant, v. BOARD OF ELECTIONS OF THE…

Court:Court of Appeals of the State of New York

Date published: Aug 28, 1985

Citations

483 N.E.2d 1152 (N.Y. 1985)
483 N.E.2d 1152
493 N.Y.S.2d 1020

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