Denn v. Mahoney
| Decision Date | 15 September 1978 |
| Citation | 64 A.D.2d 1007,409 N.Y.S.2d 285 |
| Parties | In the Matter of Gale A. DENN, Appellant, v. Edward J. MAHONEY and Arthur J. Carlsen, Constituting the Board of Elections of the County of Erie and Judith Gaughan, Respondents. |
| Court | New York Supreme Court — Appellate Division |
James E. Crotty, Buffalo, for appellant.
Thaddeus J. Szymanski, County Atty., by Albert J. Fitzgibbons, Buffalo, for respondent Bd.
Timothy McCarthy, Buffalo, for respondent Gaughan; James M. Shaw, Lackawanna, of counsel.
Before MOULE, J. P., CARDAMONE, DILLON, SCHNEPP and WITMER, JJ.
Appellant instituted this action pursuant to Election Law, § 16-102 to direct the respondent Board of Elections to include his name on the primary ballot for Democratic candidate for Assemblyman for the 147th Assembly District. Election Law § 6-132, subd. 1, as did its predecessors, requires that each sheet of a designating petition list the public office or party position sought by the designee. Here, each of the sheets of the appellant's petition failed to identify the public office or party position that he sought other than to specify "147 Assembly District" which could be construed to describe not only the public office of Member of the Assembly but also a party position such as delegate to the judicial convention from the 147th Assembly District (Election Law, § 6-124).
"The purpose of requiring reasonable precision as to the form of such petitions is to avoid confusing or deceiving the Board of Elections or party voters who propose to sign such petitions." (Matter of Caffery v. Lawley, 21 A.D.2d 749, 749-750, 250 N.Y.S.2d 677, 678, aff'd, 14 N.Y.2d 768, 250 N.Y.S.2d 805, 199 N.E.2d 839.) Designating petitions have been invalidated where recourse to the petition as a whole could not supply the omission or deficiency (see Matter of Lyden v. Katz, 29 Misc.2d 1072, 1076-1078, 221 N.Y.S.2d 445, 449-451, rev'd on this ground 14 A.D.2d 820, 221 N.Y.S.2d 452, rev'd and order at Special Term reinstated for reasons stated at Special Term, 10 N.Y.2d 891, 223 N.Y.S.2d 512, 179 N.E.2d 514).
Order unanimously affirmed without costs.
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