Appellate Division of the Supreme Court of New York, 1952

Bell v. Heffernan

Bell v. Heffernan
Appellate Division of the Supreme Court of New York · Decided October 27, 1952
280 A.D. 953; 116 N.Y.S.2d 153; 1952 N.Y. App. Div. LEXIS 4345
Bell v. Heffernan

Opinion of the Court

Order reversed on the law and petition granted. The statement contained in the affidavits of the subscribing witnesses as to the election districts where they presently reside is not required by section 138 of the Election Law as amended, with relation to independent nominating petitions. In this instance, the alteration was of an immaterial matter and the board of elections was not justified in rejecting the petition. Johnston, Acting P. J., Adel, Wenzel and MaeCrate, JJ., concur.

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