D'Amico v. Mahoney
Cases that cite this one
4 later published cases cite this decision.
- Bowen v. Ulster County Board of Elections (Appellate Division of the Supreme Court of New York 2005)
- Ligammari v. Norris (Appellate Division of the Supreme Court of New York 2000)
- Sealy v. Vann (Appellate Division of the Supreme Court of New York 1986)
- D'Amico v. Mahoney (Appellate Division of the Supreme Court of New York 1985)
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 Order
It is uncontradicted that respondents failed to set forth on the cover sheet of their petition the total number of signatures for each candidate and the pages on which they can be found as required by Election Law § 6-134 (2). For this reason, the motion to invalidate should have been granted (see, Matter of Pecoraro v Mahoney, 65 NY2d 1026).
At the hearing, it was established that in numerous instances the petitioners set forth the village in which a signer resides instead of the "town or city” of residence as required by Election Law § 6-130. Such signatures are invalid (see, Matter of Frome v Board of Elections, 57 NY2d 741, 742; Matter of Scamacca v Mahoney, 104 AD2d 730; Matter of Shaughnessy v Herkimer County Bd. of Elections, 104 AD2d 731). When these signatures are excluded from the count, the number of valid signatures is insufficient. Thus, the petition must be held invalid on this additional ground. (Appeal from order of Supreme Court, Erie County, Sprague, J. — Election Law art 16.) Present — Hancock, Jr., J. P., Doerr, Boomer, Pine and O’Donnell, JJ. (Decided Oct. 22, 1985.)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.