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Matter of Tyler v. Edelstein

Appellate Division of the Supreme Court of New York, Second Department
Aug 22, 1991
175 A.D.2d 899 (N.Y. App. Div. 1991)

Opinion

August 22, 1991

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


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

The cover sheet of the instant designating petition lists five Conservative Party candidates, all of whom seek public office within the same geographic area of the Town of Islip. Immediately preceding the list of candidates is a paragraph stating, inter alia: "I, the undersigned * * * do hereby designate the following named person (or persons) as a candidate (or candidates) for the nomination of such party for public office or for election to a party position of such party". The cover sheet also includes a statement as to the total number of signatures and the total number of pages contained therein, as well as a statement that "all of the above pages and signatures apply to the designated candidate". The information provided complies with the mandate of Election Law § 6-134 (2) inasmuch as it indicates that all the signatures within the petition are for each of the five candidates for their respective offices (see, Matter of Potter v Dudek, 68 N.Y.2d 154; Matter of Meehan v Wolf, 133 A.D.2d 199; Matter of Keane v New York State Bd. of Elections, 122 A.D.2d 966).

The petitioners' claim that the cover sheet is also subject to invalidation because "the size of the print containing the names and addresses of the members of the committee to fill vacancies is so small as to be illegible and indecipherable" is meritless since the Election Law contains no requirement that the cover sheet include a list of the names and addresses of the members of the committee to fill vacancies (see, Election Law § 6-134). Mangano, P.J., Thompson, Sullivan and Lawrence, JJ., concur.


Summaries of

Matter of Tyler v. Edelstein

Appellate Division of the Supreme Court of New York, Second Department
Aug 22, 1991
175 A.D.2d 899 (N.Y. App. Div. 1991)
Case details for

Matter of Tyler v. Edelstein

Case Details

Full title:In the Matter of ANN M. TYLER et al., Appellants, v. GERALD EDELSTEIN et…

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

Date published: Aug 22, 1991

Citations

175 A.D.2d 899 (N.Y. App. Div. 1991)
573 N.Y.S.2d 627