Opinion
October 18, 1967
Cross appeals from a single judgment of the Supreme Court, Nassau County, dated October 13, 1967, covering two proceedings pursuant to section 330 of the Election Law, which judgment invalidated the respective nominating petitions of the United for Peace party involved in the proceedings, designating candidates for certain public offices in the general election to be held on November 7, 1967. The public offices involved in the first above proceeding are County Executive, County Clerk, County Comptroller and Chairman of the Board of Assessors, all of the County of Nassau. Those involved in the second proceeding are Presiding Supervisor, Supervisor and Councilman, all of the Town of Hempstead. The designated candidates appeal from the judgment in its entirety and the petitioner's notice of appeal states that his cross appeal is from so much of the judgment as is predicated on a finding by the Special Term that subscribing witnesses affixed the dates alongside certain signatures on each of the nominating petitions. Judgment reversed, on the law, and proceedings dismissed on the merits, without costs. The findings of fact below are affirmed. It is undisputed that in 874 instances the dates appearing beside the names of signers of the nominating petitions were filled in (1) by persons other than the signers or the subscribing witnesses, (2) after the petitions had been signed and (3) out of the presence of the signers. It is also undisputed that none of the evidence presented provides any basis for a finding that there was any intentional wrongdoing on the part of any of the candidates or the subscribing witnesses or that the dates affixed were not the dates upon which the signatures were in fact obtained. We find nothing in the Election Law to warrant holding the 874 signatures invalid under the circumstances disclosed. Christ, Acting P.J., Brennan, Rabin, Hopkins and Munder, JJ., concur.