Appellate Division of the Supreme Court of New York, 1985

Reda v. Lefever

Reda v. Lefever
Appellate Division of the Supreme Court of New York · Decided August 21, 1985
112 A.D.2d 1070; 492 N.Y.S.2d 712; 1985 N.Y. App. Div. LEXIS 52276
Reda v. Lefever

Opinion of the Court

In a proceeding to invalidate petitions for an opportunity to ballot, the appeal is from a judgment of the Supreme Court, Rockland County (Donovan, J.), entered August 7, 1985, which granted the application.

Judgment affirmed, without costs or disbursements.

Over 100 signatories to the petitions herein had previously signed designating petitions for the same public offices. Since the validity of those other petitions has been upheld (see, Matter of Fromson v Lefever, 112 AD2d 1064), the signatures to the instant petitions must be disallowed (Election Law § 6-134 [5]; Matter of Gilmore v Kugler, 21 AD2d 293, 295). The number of signatures remaining after deducting the disallowed signatures is insufficient and, accordingly, the petitions *1071were properly invalidated. Brown, J. P., O’Connor, Weinstein, Kunzeman and Kooper, JJ., concur.

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