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Matter of Gardner v. Mahoney

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 26, 1986
123 A.D.2d 520 (N.Y. App. Div. 1986)

Opinion

September 26, 1986

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

Present — Callahan, J.P., Green, Pine, Balio and Lawton, JJ. (Order entered Aug. 21, 1986.)


Order unanimously reversed without costs and petition dismissed. Memorandum: A designating petition is not invalid because a candidate uses a familiar form of a proper first name instead of the proper name used on his voter registration form (cf. Election Law § 6-134). There was sufficient evidence to prove that candidate "Jerry Dalton" was one and the same person as registered voter "Gerald F. Dalton" of the same address. Moreover, there has been no showing that Dalton's use of the familiar form of his proper name ("Jerry" for "Gerald") would, or did, tend to mislead potential signatories as to his identity. Under these circumstances, there was no "reasonable probability of confusing or deceiving the signers, voters or board of elections" (Matter of Donnelly v McNab, 83 A.D.2d 896, lv denied 54 N.Y.2d 603).


Summaries of

Matter of Gardner v. Mahoney

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 26, 1986
123 A.D.2d 520 (N.Y. App. Div. 1986)
Case details for

Matter of Gardner v. Mahoney

Case Details

Full title:In the Matter of JANICE M. GARDNER, Respondent, v. EDWARD J. MAHONEY et…

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

Date published: Sep 26, 1986

Citations

123 A.D.2d 520 (N.Y. App. Div. 1986)

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