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Matter of Elwood v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Aug 24, 1994
207 A.D.2d 507 (N.Y. App. Div. 1994)

Opinion

August 24, 1994

Appeal from the Supreme Court, Queens County (Posner, J.).


Ordered that the judgment is affirmed, without costs or disbursements.

The appellant argues that the New York City Board of Elections improperly extracted a double penalty by invalidating 10 of the 833 signatures contained in his designating petition pursuant to Election Law § 6-134 (10) and then subtracting those 10 invalid signatures from the remaining 823 potentially valid signatures. Inasmuch as the appellant withdrew his cross petition to validate his designating petition this issue could not be reached by the Supreme Court, and, accordingly, this argument is not properly before this Court (see, Matter of Krueger v. Richards, 59 N.Y.2d 680; Matter of Suarez v. Sadowski, 48 N.Y.2d 620; Matter of Halloway v. Blakely, 77 A.D.2d 932).

The appellant also asks that this Court validate 3 of the 12 signatures which the Supreme Court invalidated on other grounds. However, even if this relief were granted, the respondent would have only 498 signatures, still less than the required number (i.e., 500). Thus, this argument is academic. Moreover, the record is too incomplete to render any independent determination as to the remaining 9 signatures which were invalidated. Rosenblatt, J.P., Ritter, Altman and Hart, JJ., concur.


Summaries of

Matter of Elwood v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Aug 24, 1994
207 A.D.2d 507 (N.Y. App. Div. 1994)
Case details for

Matter of Elwood v. Jackson

Case Details

Full title:In the Matter of HARVEY ELWOOD, Respondent, v. STEPHEN JACKSON, Appellant…

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

Date published: Aug 24, 1994

Citations

207 A.D.2d 507 (N.Y. App. Div. 1994)
616 N.Y.S.2d 247

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