Lombardi v. State Bd. of Elections
| Decision Date | 31 August 1976 |
| Citation | 386 N.Y.S.2d 718,54 A.D.2d 532 |
| 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 |
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.
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 (see Matter 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 swear any of the persons whose signatures appear thereon, these signatures were properly invalidated (Election Law, § 135, subd. 2: Matter of Donnelly v. Dowd, 17 A.D.2d 712, affd. 12 N.Y.2d 651, 232 N.Y.S.2d 33, 185 N.E.2d 10).
We have considered the contentions raised by petitioner on his cross appeal and find them to be without merit.
Judgment affirmed, without costs.
To continue reading
Request your trial
-
Ross v. Bennett
...one hand, and true fraud by petition circulators on the other. Id. at 455–56, 675 P.2d at 715–16 (citing Lombardi v. State Bd. of Elections, 54 A.D.2d 532, 386 N.Y.S.2d 718 (1976) (invalidating two sheets “permeated with fraud”); Weisberger v. Cohen, 22 N.Y.S.2d 1011, 1012 (N.Y.Sup.Ct.), af......
-
Schnurr v. May
... ... SCHNURR, Appellant, ... Stephen R. MAY et al., Constituting the Board of Elections ... of the State of New York, Respondents, ... Elizabeth Fisher et al., Respondents ... Supreme ... ...