Lombardi v. State Bd. of Elections

• Decision Date: 31 August 1976
• Citation: Lombardi v. State Bd. of Elections, 386 N.Y.S.2d 718, 54 A.D.2d 532 (N.Y. App. Div. 1976)
• Parties: In the Matter of Tarky LOMBARDI, Jr., Respondent-Appellant, v. STATE BOARD OF ELECTIONS, Respondent, and David J. Holihan, Appellant-Respondent.
• Court: New York Supreme Court — Appellate Division

Page 718

386 N.Y.S.2d 718

54 A.D.2d 532

In the Matter of Tarky LOMBARDI, Jr., Respondent-Appellant, v.STATE BOARD OF ELECTIONS, Respondent and David J. Holihan, Appellant-Respondent.

Supreme Court, Appellate Division, Third Department.

Aug. 31, 1976.

Lowery, Carrigan & Keough, Syracuse (Richard J. Brickwedde, Syracuse, of counsel), for appellant-respondent Holihan.

Carola, Doran, Grogan & Heggen, Clifton Park (Edward Grogan, Clifton Park, of counsel), for respondent-appellant Lombardi.

Before KOREMAN, P.J., and KANE, MAHONEY, MAIN and HERLIHY, JJ.

MEMORANDUM DECISION.

Cross appealed from a judgment of the Supreme Court at Special Term, entered August 20, 1976 in Albany County, which granted petitioner's application, in a proceeding pursuant to section 330 of the Election Law, to invalidate a petition designating appellant Holihan as a candidate of the Conservative Party for the office of State Senator from the 50th Senatorial District.

On this record, we find no merit in appellant's contention that the respondent's petition, as supplemented, is legally insufficient (seeMatter of Reich v. Power, 30 A.D.2d 925, 294 N.Y.S.2d 346).Special Term's factual finding that sheets 1 and 2 of the designating petition were so permeated with fraud that the signatures thereon must be invalidated is supported by the record.Furthermore, as to sheets 3, 4 and 5 of the petition, since the person who acted as a Commissioner of Deeds on these sheets admittedly did not...