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Matter of Parra v. Shiffman

Appellate Division of the Supreme Court of New York, Second Department
Aug 23, 1978
64 A.D.2d 934 (N.Y. App. Div. 1978)

Opinion

August 23, 1978


In a proceeding, inter alia, to validate petitions designating the petitioner as a candidate in the Democratic Party primary election to be held on September 12, 1978, for the party office of State Committeeman from the 97th Assembly District, the appeal is from a judgment of the Supreme Court, Orange County, dated August 17, 1978, which, after a hearing, dismissed the proceeding. Judgment affirmed, without costs or disbursements. Of the 570 signatures obtained, 500 being necessary for nomination (Election Law, § 6-136, subd 2, par [i]), 68 are concededly invalid. Moreover, an additional 14 signatures, contained on page 22 of the petition, are also invalid because they are undated (Election Law, § 6-130). Mollen, P.J., Hopkins, Damiani and O'Connor, JJ., concur;


It is conceded that if the 16 challenged signatures on page 22 of the petition are valid, the petitioner would have sufficient signatures to qualify for a place on the primary ballot. In my opinion, the subscribing witness' statement ("the equivalent of an affidavit" [Election Law, § 6-132, subd 2]) dated July 26, 1978, which certifies the date on which the individual signatories affixed their signatures, liberally construed, is sufficient to establish substantial compliance with the statutory dating requirement.


Summaries of

Matter of Parra v. Shiffman

Appellate Division of the Supreme Court of New York, Second Department
Aug 23, 1978
64 A.D.2d 934 (N.Y. App. Div. 1978)
Case details for

Matter of Parra v. Shiffman

Case Details

Full title:In the Matter of ANGELO M. PARRA, JR., Appellant, v. PHILIP SHIFFMAN and…

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

Date published: Aug 23, 1978

Citations

64 A.D.2d 934 (N.Y. App. Div. 1978)

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