Appellate Division of the Supreme Court of New York, 1982

Daverso v. Romeo

Appellate Division of the Supreme Court of New York · Decided September 10, 1982

89 A.D.2d 1054; 454 N.Y.S.2d 560; 1982 N.Y. App. Div. LEXIS 18336

Cases that cite this one

2 later published cases cite this decision.

Matter of Avella v. Johnson (Appellate Division of the Supreme Court of New York 2016)
Matter of Stevens v. Collins (Appellate Division of the Supreme Court of New York 2014)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order unanimously affirmed, without costs. Memorandum: Petitioners appeal from an order of Special Term which denied their application for an order validating their petition for an opportunity to ballot. The failure of the subscribing witness to the petition to date his signature renders the petition invalid (see Election Law, § 6-132; Matter of Sortino v Chiavaroli, 42 NY2d 982). The subscribing .witness’ affidavit which supplied the missing date does not cure the fatal defect since it was filed after the last day provided by law for filing the petition (Matter of Sortino v Chiavaroli, supra). (Appeal from order of Onondaga Supreme Court, Aloi, J. — Election Law.) Present — Dillon, P. J., Callahan, Doerr, Denman and Moule, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.