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Matter of Moncayo v. Withers

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 1989
154 A.D.2d 598 (N.Y. App. Div. 1989)

Opinion

October 23, 1989

Appeal from the Supreme Court, Suffolk County (Underwood, J.).


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

Requirements for filing a candidate's certificate of acceptance are wholly independent and separate from requirements for filing nominating petitions (see, Election Law § 6-146). No one was deceived or injured by the claimed discrepancy in the certificate describing the office as "Suffolk County Legislator in the Fifth District." The only office for which the candidate had been nominated was that of "County Legislator, 5th Legislative District" (Suffolk County Charter §§ C2-3, C21-4 [B] [5]). His acceptance, setting forth the name of the party which nominated him and the election in which he was a candidate, clearly related to the only nominating petition naming him as a candidate (see, Matter of Ferguson v Lomenzo, 57 Misc.2d 1041).

Neither does the use of the dollar symbol in the nominating party's emblem require that the nominating petition be declared invalid. The symbol is not a "representation of a coin or of the currency of the United States" (Election Law § 2-124). Moreover, even if we were to conclude that the use of such a symbol did contravene the Election Law, the remedy would be to omit the emblem from the ballot, not to invalidate the nominating petition (see, e.g., Matter of McNulty v May, 54 A.D.2d 780). Brown, J.P., Lawrence, Eiber and Spatt, JJ., concur.


Summaries of

Matter of Moncayo v. Withers

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 1989
154 A.D.2d 598 (N.Y. App. Div. 1989)
Case details for

Matter of Moncayo v. Withers

Case Details

Full title:In the Matter of ANTHONY P. MONCAYO, Appellant, v. HAROLD WITHERS et al.…

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

Date published: Oct 23, 1989

Citations

154 A.D.2d 598 (N.Y. App. Div. 1989)
546 N.Y.S.2d 426

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