From Casetext: Smarter Legal Research

Matter of Merrill v. Adler

Appellate Division of the Supreme Court of New York, Second Department
Aug 18, 1998
253 A.D.2d 505 (N.Y. App. Div. 1998)

Opinion

August 18, 1998

Appeal from the Supreme Court, Westchester County (DiBlasi, J.).


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

The Supreme Court properly invalidated those signatures which were witnessed by notaries public who had neither taken the oaths of the signators nor obtained any statements from them as to the truth of the statements to which they subscribed their names ( see, Matter of Helfand v. Meisser, 22 N.Y.2d 762; Matter of Donnelly v. Dowd, 12 N.Y.2d 651; Matter of Boyle v. New York City Bd. of Elections, 185 A.D.2d 953; Matter of Zunno v. Fein, 175 A.D.2d 935; Matter of Andolfi v. Rohl, 83 A.D.2d 890). Since the invalidation of these signatures results in the number of valid signatures falling below the 287 required to qualify as a candidate for the Independence Party, the Supreme Court properly invalidated the designating petition.

Mangano, P.J., Thompson, Pizzuto, Krausman and Goldstein, JJ., concur.


Summaries of

Matter of Merrill v. Adler

Appellate Division of the Supreme Court of New York, Second Department
Aug 18, 1998
253 A.D.2d 505 (N.Y. App. Div. 1998)
Case details for

Matter of Merrill v. Adler

Case Details

Full title:In the Matter of SUSAN L. MERRILL et al., Respondents, v. LES ADLER…

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

Date published: Aug 18, 1998

Citations

253 A.D.2d 505 (N.Y. App. Div. 1998)
676 N.Y.S.2d 869

Citing Cases

Matter of Brown v. Suffolk County Bd., Elec. [2d Dept 1999

We agree with the Supreme Court that the designating petition contains a sufficient number of valid…

Kutner v. Bd. of Elec

Ordered that the final order is affirmed insofar as appealed from, without costs or disbursements. The…