Appellate Division of the Supreme Court of New York, 1970

Periconi v. Marotta

Periconi v. Marotta
Appellate Division of the Supreme Court of New York · Decided June 11, 1970
34 A.D.2d 1035; 311 N.Y.S.2d 333; 1970 N.Y. App. Div. LEXIS 4552
Periconi v. Marotta

Opinion of the Court

Memorandum by the Court. Judgment affirmed, without costs. The failure of the subscribing witnesses to state the Election and Assembly Districts in which they presently reside was a substantial departure from the requirements of the Election Law (§ 135, subd. 3) which renders the petition invalid (Matter of Crosbie V. Cohen, 281 N. Y. 329; Matter of Maurin v. Allis, 28 A D 2d 810, affd. 20 N Y 2d 671). Herlihy, P. J., Aulisi, Staley, Jr., Cooke and Sweeney, JJ., concur in memorandum by the court.

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