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Matter of Conklin v. Canary

Appellate Division of the Supreme Court of New York, Second Department
Aug 21, 1985
112 A.D.2d 1062 (N.Y. App. Div. 1985)

Opinion

August 21, 1985

Appeal from the Supreme Court, Suffolk County (Tanenbaum, J.).


Judgment reversed, on the law, without costs or disbursements, application denied, proceeding dismissed, and the Board of Elections is directed to place the names of appellants on the appropriate ballot.

The Election Law does not require that the certificate of acceptance filed by one who is designated for a nonjudicial office by a party of which he is not a duly enrolled member specify the date of the primary election ( see, Election Law § 6-146; cf. Election Law § 6-132; Matter of Braxton v Smolinski, 89 A.D.2d 1053, lv denied 57 N.Y.2d 605). Thus, Special Term erred in granting petitioner's application to invalidate the designating petitions of appellants on the ground that their certificates of acceptance omitted that information.

We have considered petitioner's contentions that the designating petitions should be invalidated on the basis of certain notarial deficiencies and find said contentions to be without merit ( see, Executive Law § 137; Carnegie Hill Realties Sec. v Surowitz, 150 N.Y.S.2d 850). Brown, J.P., O'Connor, Weinstein, Kunzeman and Kooper, JJ., concur.


Summaries of

Matter of Conklin v. Canary

Appellate Division of the Supreme Court of New York, Second Department
Aug 21, 1985
112 A.D.2d 1062 (N.Y. App. Div. 1985)
Case details for

Matter of Conklin v. Canary

Case Details

Full title:In the Matter of FRANCES A. CONKLIN, Respondent, v. WILLIAM CANARY et al.…

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

Date published: Aug 21, 1985

Citations

112 A.D.2d 1062 (N.Y. App. Div. 1985)

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