Thomas v. Blackwell

• Decision Date: 23 August 1995
• Citation: 219 A.D.2d 795,632 N.Y.S.2d 989
• Parties: Matter of Alvin THOMAS, Appellant, v. Roger I. BLACKWELL and Ralph M. Mohr, Commissioners of Elections Constituting the Erie County Board of Elections, and David A. Collins, Respondents.
• Court: New York Supreme Court — Appellate Division

Page 989

632 N.Y.S.2d 989

219 A.D.2d 795

Matter of Alvin THOMAS, Appellant, v. Roger I. BLACKWELL and Ralph M. Mohr, Commissioners of

Elections Constituting the Erie County Board of

Elections, and David A. Collins, Respondents.

Supreme Court of New York, Appellate Division,

Fourth Department.

Aug. 23, 1995.

Lovallo & Williams by Timothy R. Lovallo, Buffalo, for appellant, Alvin Thomas.

Richard J. Steiner, Buffalo, for respondent, David A. Collins.

Kenneth A. Schoetz, Buffalo, for respondents, Erie County Board of Elections.

MEMORANDUM:

On appeal from an order dismissing his petition to declare a designating petition invalid, petitioner argues that Supreme Court erred in precluding him from raising objections to the designating petition for the first time at the hearing on his petition. We conclude that, under the facts of this case, petitioner was properly precluded from attempting to prove defects not listed in the specifications of objections before the Board of Elections or in the order to show cause (see, Matter of Suarez v. Sadowski, 48 N.Y.2d 620, 421 N.Y.S.2d 50, 396 N.E.2d 198; Matter of Levitt v. Mahoney, 133 A.D.2d 516, 520 N.Y.S.2d 290; Matter of Belak v. Rossi, 96 A.D.2d 1011, 467 N.Y.S.2d 100, lv. denied 60 N.Y.2d 552, 467 N.Y.S.2d 1026, 454 N.E.2d 540).

Order unanimously affirmed without costs. (Appeal from Order of Supreme Court, Erie County, Notaro, J.--Election Law.)

GREEN, J.P., and PINE, LAWTON, FALLON and WESLEY, JJ., concur.