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Matter of Sullivan v. New York City Board

Appellate Division of the Supreme Court of New York, Second Department
Feb 15, 1996
224 A.D.2d 565 (N.Y. App. Div. 1996)

Opinion

February 15, 1996

Appeal from the Supreme Court, Kings County (Garry, J.).


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

The power of boards of elections to determine the validity of a nominating petition "`extends only to ministerial examination'" (Schwartz v. Heffernan, 304 N.Y. 474, 480). We find that the act of the New York City Board of Elections (hereinafter the Board) in determining whether the Commissioners of Deeds were qualified to act as subscribing witnesses, under the facts of this case, was a ministerial act in that it left nothing to the exercise of judgment or discretion (see generally, Wicksel v. Cohen, 262 N.Y. 446, 449; Matter of Millet v. Meisser, 17 N.Y.2d 941, affg 26 A.D.2d 577). Therefore, the Board's action in invalidating the signatures obtained by the unqualified subscribing witnesses was proper.

Additionally, we find that the objectors substantially complied with the Board's rules regarding the filing of specifications of objections to designating petitions.

We find the appellants' remaining arguments to be without merit. Bracken, J.P., Sullivan, Santucci, Hart and Krausman, JJ., concur.


Summaries of

Matter of Sullivan v. New York City Board

Appellate Division of the Supreme Court of New York, Second Department
Feb 15, 1996
224 A.D.2d 565 (N.Y. App. Div. 1996)
Case details for

Matter of Sullivan v. New York City Board

Case Details

Full title:In the Matter of JAMES C. SULLIVAN et al., Appellants, v. NEW YORK CITY…

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

Date published: Feb 15, 1996

Citations

224 A.D.2d 565 (N.Y. App. Div. 1996)
637 N.Y.S.2d 804

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