Adams v. Power
| Decision Date | 13 June 1968 |
| Citation | 239 N.E.2d 560,22 N.Y.2d 783,292 N.Y.S.2d 695 |
| Parties | , 239 N.E.2d 560 In the Matter of Thomas J. ADAMS, Jr., Appellant-Respondent, v. James M. POWER, et al., etc., Defendants, Seymour Halpern, Respondent- Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 30 A.D.2d 683, 292 N.Y.S.2d 839.
Proceeding was brought under Section 330 of the Election Law, Consol.Laws, c. 17, to invalidate a designating petition designating Seymour Halpern as candidate of the Liberal Party for office of Representative in Congress, Sixth Congressional District, in primary election to be held June 18, 1968, because the designating petition gave the address of Halpern as 150 Greenway Terrace, Forest Hills, New York, his former residence, though his present residence was at 166--05 Highland Avenue, Jamaica, New York, in violation of Section 135 of the Election Law requiring that correct place of residence of candidate be set forth in designating petition. Halpern made a motion to dismiss the proceeding because of alleged untimeliness of service.
The Supreme Court, Special Term, Queens County, Charles Margett, J., rendered a judgment denying the motion of Halpern to dismiss. The Special Term held that where petitioner conceded that an affidavit correcting the error in the address had been filed with the Board of Elections before last day on which designating petitions could be filed and that no evidence could be produced to show that any person signing the designating petition was misled by the listing of the former address, the error was insufficient to require invalidation of the designating petition.
The Appellate Division entered an order June 11, 1968 which unanimously affirmed the judgment of the Special Term.
Cross appeals were taken to the Court of Appeals by permission of the Appellate Division.
Order affirmed, without costs. On the cross appeal we find it unnecessary to reach the question of timeliness of service.
* Sitting pursuant to designation in place of BURKE, J., who was disqualified.
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Ferris v. Sadowski
...filing the so-called corrective affidavit four days after the last day to file designating petitions. (Cf. Matter of Adams v. Power, 22 N.Y.2d 783, 292 N.Y.S.2d 695, 239 N.E.2d 560.) In our analysis, however, the determinative issue is whether the designating petition was initially fatally ......
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Ferris v. Sadowski
...1978, which granted the application. Judgment affirmed, without costs or disbursements, on the authority of Matter of Adams v. Power, 22 N.Y.2d 783, 292 N.Y.S.2d 695, 239 N.E.2d 560. The "fatal defect" provision of subdivision 2 of section 1-106 of the Election Law is not applicable under t......