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Matter of Sheehan v. Aylward

Court of Appeals of the State of New York
Oct 21, 1981
54 N.Y.2d 934 (N.Y. 1981)

Opinion

Argued October 20, 1981

Decided October 21, 1981

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, D. VINCENT CERRITO, J.

Thomas J. Spargo for appellants.

Thomas A. Breslin for respondents.


MEMORANDUM.

The order of the Appellate Division, insofar as is appealed from, should be affirmed, without costs.

We agree with the court below that the failure to include a separate column in which the signers could indicate their town did not render the nominating petitions invalid with respect to the judicial candidates. Inasmuch as each signer listed his present address under the column headed "Town of Guilderland Residence", all of the information required by subdivision 1 of section 6-130 of the Election Law appeared on the petitions. The failure to include a separate column in which the signers individually could list their town is, in our view, merely a deviation from the statutorily recommended form of the petition, not its prescribed content. As such, strict compliance with the requirements of the Election Law is not mandated. (Election Law, § 6-140, subd 1; see Matter of Ryan v Board of Elections of City of N.Y., 53 N.Y.2d 515; Matter of Hutson v Bass, 54 N.Y.2d 772; Matter of Alamo v Black, 51 N.Y.2d 716.)

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order, insofar as appealed from, affirmed, without costs, in a memorandum.


Summaries of

Matter of Sheehan v. Aylward

Court of Appeals of the State of New York
Oct 21, 1981
54 N.Y.2d 934 (N.Y. 1981)
Case details for

Matter of Sheehan v. Aylward

Case Details

Full title:In the Matter of WILLIAM F. SHEEHAN et al., Appellants, v. WILLIAM AYLWARD…

Court:Court of Appeals of the State of New York

Date published: Oct 21, 1981

Citations

54 N.Y.2d 934 (N.Y. 1981)
445 N.Y.S.2d 138
429 N.E.2d 816

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