From Casetext: Smarter Legal Research

Matter of Braxton v. Smolinski, Kuszniaj

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 1, 1982
89 A.D.2d 1053 (N.Y. App. Div. 1982)

Opinion

September 1, 1982

Appeal from the Supreme Court, Erie County, Green, J.

Present — Simons, J.P., Hancock, Jr., Denman, Moule and Schnepp, JJ.


Order unanimously affirmed, without costs. Memorandum: Petitioner appeals from an order of Special Term dismissing the petition to validate the designating petition of petitioner candidate on the ground that it failed to specify the date of the primary election. The petition was properly dismissed since the date of the primary election is specifically prescribed by subdivision 1 of section 6-132 Elec. of the Election Law and strict compliance with the content provisions of the statute is required ( Matter of Hutson v Bass, 54 N.Y.2d 772, 774; Matter of Alamo v Black, 51 N.Y.2d 716). Insofar as our decision in Matter of Lloyd v Power ( 37 A.D.2d 792) holds otherwise, we note that case was decided before enactment of the present statute.


Summaries of

Matter of Braxton v. Smolinski, Kuszniaj

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 1, 1982
89 A.D.2d 1053 (N.Y. App. Div. 1982)
Case details for

Matter of Braxton v. Smolinski, Kuszniaj

Case Details

Full title:In the Matter of CLIFFORD F. BRAXTON, Appellant, v. PHILIP D. SMOLINSKI et…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 1, 1982

Citations

89 A.D.2d 1053 (N.Y. App. Div. 1982)

Citing Cases

Matter of Sedita v. Smolinski

Memorandum: Petitioners appeal from an order of Special Term dismissing the petition to validate the…

Matter of Purtell v. Kuczek

The lack of a complete date of the primary election is fatal and mandates the dismissal of the within 14…