Appellate Division of the Supreme Court of New York, 1988

Graber v. Mahoney

Graber v. Mahoney
Appellate Division of the Supreme Court of New York · Decided September 27, 1988
143 A.D.2d 502; 533 N.Y.S.2d 155; 1988 N.Y. App. Div. LEXIS 10645
Graber v. Mahoney

Opinion of the Court

Order unanimously reversed without costs, petition dismissed and designating petition validated. Memorandum: Absent any allegation of fraud, falsification, or undue influence, the failure of a notary public to administer a formal oath to a party signing a designating petition is insufficient to overcome the presumption of regularity (see, Matter of La Mendola v Mahoney, 49 AD2d 798). (Appeal from order of Supreme Court, Erie County, McGowan, J. — Election Law.) Present — Doerr, J. P., Denman, Boomer, Lawton and Davis, JJ. (Order entered Aug. 26,1988.)

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