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Matter of Keane v. Lefever

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1986
118 A.D.2d 674 (N.Y. App. Div. 1986)

Opinion

March 11, 1986

Appeal from the Supreme Court, Rockland County (Edelstein, J.).


Judgment reversed, on the law, without costs or disbursements, petition granted, certificate of nomination declared invalid and the Clerk of the Village of Suffern is directed to remove the names of the respondent candidates from the appropriate ballots.

The failure to file a list of caucus participants as required by Election Law § 15-108 (2) (e) constitutes a fatal defect within the meaning of Election Law § 1-106 (2). The respondents' reliance upon the case of Matter of Sahler v. Callahan ( 92 A.D.2d 976) is misplaced. Sahler involved only a delay in filing, whereas, in the instant case, no list was ever filed. Accordingly, we declare the certificate of nomination to be invalid. Mollen, P.J., Mangano, Gibbons and Bracken, JJ., concur.


Summaries of

Matter of Keane v. Lefever

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1986
118 A.D.2d 674 (N.Y. App. Div. 1986)
Case details for

Matter of Keane v. Lefever

Case Details

Full title:In the Matter of ANN E. KEANE, Appellant, v. SANDRA LEFEVER et al.…

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

Date published: Mar 11, 1986

Citations

118 A.D.2d 674 (N.Y. App. Div. 1986)

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