McGoey v. Black
| Decision Date | 27 March 1984 |
| Citation | 100 A.D.2d 635,473 N.Y.S.2d 599 |
| Parties | In the Matter of James P. McGOEY, et al. Appellants; et al., petitioners, v. Robert S. BLACK, et al., Respondents; Theresa Peragine, Respondent-Respondent. |
| Court | New York Supreme Court — Appellate Division |
Natiss Ferenzo & Barrocas, P.C., Roslyn Heights (Andre L. Ferenzo, Roslyn Heights, of counsel), for appellants.
Haggerty & Rinaldi, Garden City (John F. Haggerty, Garden City, of counsel), for respondent-respondent.
Before MANGANO, J.P., and THOMPSON, RUBIN and LAWRENCE, JJ.
MEMORANDUM BY THE COURT.
In a proceeding, inter alia, to validate a petition designating the appellants, among others, as candidates for delegates or alternate delegates to the Republican National Convention from the Seventh Congressional District, the appeal is from a judgment of the Supreme Court, Queens County, dated March 13, 1984, N.Y.Sup., 473 N.Y.S.2d 337, which dismissed the petition.
Judgment modified, on the law, by adding a provision directing the New York City Board of Elections to remove the names of Ben V. Fabrizi, Kathleen M. Wagner and Elizabeth Harper from the ballot as candidates for delegates or alternate delegates to the Republican National Convention from the Seventh Congressional District. As so modified, judgment affirmed, without costs or disbursements.
On or about February 14, 1984, a designating petition was filed with the New York City Board of Elections designating petitioner McGoey and five others for three positions as delegates and three as alternates to the Republican National Convention from the Seventh Congressional District, supporting Ronald Reagan for election in the Republican Party primary to be held on April 3, 1984. Thereafter, respondent Theresa Peragine filed general objections and then specifications of objections (hereafter specifications) addressed to the designating petition. Although her specifications listed, on its face, only three of the six designated candidates, to wit, Estelle R. Cooper and James P. McGoey as delegates and Sheldon Farber as an alternate delegate, the specifications set forth were directed at the petition in its entirety, charging that it did not comply with the New York State Election Law. Service of the specifications was made on the first person named on the petition's committee to fill vacancies, in accordance with section 6204.1 of the Rules of the State Board of Elections, thus giving the board jurisdiction to determine the validity of the entire petition. The board of elections accepted these general objections and specifications and, upon examining the petition, found 627 invalid signatures, leaving 993 valid signatures, which is 257 fewer than the required 1,250. However, the board then invalidated only the candidacies of Cooper, McGoey and Farber.
The instant proceeding was commenced, prior to the board's determination, by appellant McGoey "individually and on behalf of others similarly situated as designated candidates" on the subject designating petition. McGoey's petition sought a judgment, inter alia, declaring the designating petition valid and directing the board of elections to place the names of the candidates designated therein on the appropriate ballot. Special Term, after a hearing before a referee (the referee found 68 signatures were erroneously invalidated by the board, leaving 1061 valid signatures), dismissed the McGoey petition. The judgment of the court stated that the designating petition had fewer than the minimum number of signatures (1,250) required for designation and that the "designating petition" was therefore "insufficient as a matter of law". *
Special Term's judgment should be modified so as to direct the board of elections to remove the names of the remaining three candidates designated in the subject petition as well.
While respondent Peragine filed general objections and specifications addressed to the designating...
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