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Matter of Faulstitch v. Kasper

Appellate Division of the Supreme Court of New York, Second Department
Aug 20, 1986
122 A.D.2d 903 (N.Y. App. Div. 1986)

Opinion

August 20, 1986

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


Judgment affirmed, without costs or disbursements.

The court erred in refusing to invalidate a total of 12 signatures which appear on pages 53 and 85 of the designating petition since the signers of those pages apparently confused their election and assembly districts and incorrectly set forth the same. The sheets of a designating petition must correctly set forth each signer's election district and ward, if any, and this requirement has been strictly construed (Matter of Liepshutz v Palmateer, 112 A.D.2d 1101; Matter of Hunter v Compagni, 74 A.D.2d 1000; Matter of Klemann v Acito, 64 A.D.2d 952, affd 45 N.Y.2d 796; see also, Matter of Higby v Mahoney, 48 N.Y.2d 15). Nevertheless, a sufficient number of valid signatures remain in the designating petitions to sustain the court's determination. Mollen, P.J., Mangano, Thompson and Rubin, JJ., concur.


Summaries of

Matter of Faulstitch v. Kasper

Appellate Division of the Supreme Court of New York, Second Department
Aug 20, 1986
122 A.D.2d 903 (N.Y. App. Div. 1986)
Case details for

Matter of Faulstitch v. Kasper

Case Details

Full title:In the Matter of KARL A. FAULSTITCH, Appellant, v. JOSEPH F. KASPER et…

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

Date published: Aug 20, 1986

Citations

122 A.D.2d 903 (N.Y. App. Div. 1986)

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