Duffy, Application of
| Decision Date | 05 September 1963 |
| Citation | 242 N.Y.S.2d 644,40 Misc.2d 175 |
| Parties | Application of Charles B. DUFFY, Jr., Murray L. Lebowitz, Edward J. Nugent, Charles F. Wolsey, Leonard Winstanley, Joseph R. Burns and George A. Nugent, to compel the Board of Elections of the County of Westchester, New York, to place upon the primary ballot for the 1963 Primary Election of the Democratic Party to be held on |
| Court | New York Supreme Court |
Wekstein & Friedman, Yonkers, for petitioners.
Francis J. Morgan, County Atty., White Plains, for respondent.
This is an application under Section 330 of the Election Law to compel the Westchester County Board of Elections to list the petitioners' names on the primary ballot for the 1963 Primary Election for the Democratic Party in the 8th Ward within the City of Yonkers.
The petition filed in this matter, in addition to designating a candidate for 8th Ward Councilman and 8th Ward Supervisor, both of whom are not involved in this proceeding, designates candidates for the position of County Committeeman in four Election Districts. The Board of Elections has rejected the petition insofar as it relates to the position of County Committeeman on the ground that the petition is incomplete since it does not set forth the particular district in which each of the petitioners seeks to become a Democratic Committeeman and further that the pages of the petition are not consecutively numbered, as required by Section 135 of the Election Law.
The petition consists of 40 pages, fastened together at the top with three metal clips, which are consecutively numbered 1 through 40 and contains some 530 signatures. This petition, in accordance with the requirements of the Election Law, Section 135, lists the place of residence of each candidate and contains the following information: the signer's name; his or her residence and the particular Ward and Election District in which each of the signers resides in the City of Yonkers.
I find that the petition is in substantial compliance with Section 135 of the Election Law with respect to the designation of the party office or party position which is sought. There is no tendency to create confusion either in the minds of the voters or subscribers to the petition that the position of County Committeeman is sought to any other Election District other than that which is listed for each subscriber (cf. Matter of Carusone v. Varney, 277 App.Div. 326, 99 N.Y.S.2d 1, aff'd sub nom. Matter of Barber v. Varney, 301 N.Y. 669, 94 N.E.2d 254; McKenna v. Power, 24 Misc.2d 65, 204 N.Y.S.2d 806, mod. on other grounds, 1 A.D.2d 1040, 152 N.Y.S.2d 498).
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