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Matter of Wilson v. McClean

Appellate Division of the Supreme Court of New York, Second Department
Aug 27, 1991
175 A.D.2d 935 (N.Y. App. Div. 1991)

Opinion

August 27, 1991

Appeal from the Supreme Court, Queens County (Di Tucci, J.).


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

The cover sheet of the instant Democratic Party designating petition governed by Election Law § 6-134 incorrectly bears the title "Independent Nominating Petitions". Directly below the erroneous title, however, is the proper title "Democratic Party Designating Petitions". Although Election Law § 6-134 does not permit deviations from the statutorily prescribed content of designating petitions, it does allow "substantial compliance" with the statutorily required format for such petitions (see, Matter of Hutson v Bass, 54 N.Y.2d 772; Matter of Goldstein v Ambach, 133 A.D.2d 286, 288; Matter of Keane v New York State Bd. of Elections, 122 A.D.2d 966, 967). We affirm the finding of the Supreme Court that there was substantial compliance. Mangano, P.J., Kooper, Sullivan, Lawrence and Rosenblatt, JJ., concur.


Summaries of

Matter of Wilson v. McClean

Appellate Division of the Supreme Court of New York, Second Department
Aug 27, 1991
175 A.D.2d 935 (N.Y. App. Div. 1991)
Case details for

Matter of Wilson v. McClean

Case Details

Full title:In the Matter of VIRGINIA WILSON et al., Appellants, v. LAWRENCE McCLEAN…

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

Date published: Aug 27, 1991

Citations

175 A.D.2d 935 (N.Y. App. Div. 1991)
573 N.Y.S.2d 527

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