Nolin v. McNally
Cases that cite this one
14 later published cases cite this decision.
- Matter of Braunfotel v. Feiden (Appellate Division of the Supreme Court of New York 2019)
- Matter of Mertz v. Bradshaw (Appellate Division of the Supreme Court of New York 2015)
- Hall v. Dussault (Appellate Division of the Supreme Court of New York 2013)
- Hall v. Dussault (Appellate Division of the Supreme Court of New York 2013)
- Valenti v. Bugbee (Appellate Division of the Supreme Court of New York 2011)
- Matter of Monto v. Zeigler (Appellate Division of the Supreme Court of New York 2020)
- Matter of Fonvil v. Morse (Appellate Division of the Supreme Court of New York 2019)
- Matter of Dwyer v. Pellegrino (Appellate Division of the Supreme Court of New York 2018)
- Matter of Fatata v. Phillips (Appellate Division of the Supreme Court of New York 2016)
- Matter of Vincent v. Sira (Appellate Division of the Supreme Court of New York 2015)
- MatterofVanSavagevJones (Appellate Division of the Supreme Court of New York 2014)
- VanSavage v. Jones (Appellate Division of the Supreme Court of New York 2014)
- VanSavage v. Jones (Appellate Division of the Supreme Court of New York 2014)
- Bonner v. Negron (Appellate Division of the Supreme Court of New York 2011)
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
Respondent Richard McNally filed a designating petition with the Rensselaer County Board of Elections seeking to be nominated as the Independence Party candidate for the office of Rensselaer County District Attorney in the September 13, 2011 primary election. McNally acted as notary with respect to 195 individuals who signed his designating petition. Petitioner Ann M. Nolin signed McNally’s designating petition and petitioner Joel Abelove is a candidate for the same office. After objections were filed with the Board, petitioners commenced this proceeding pursuant to Election Law § 16-102 to invalidate McNally’s designating petition on numerous grounds, including fraud. Supreme Court dismissed the proceeding following a hearing, and this appeal ensued.
For the reasons set forth in Matter of Harte v Kaplan (87 AD3d 813 [2011] [decided herewith]), we reject petitioners’ assertion that it was improper for McNally, as a party in interest, to notarize any signatures on his designating petition. Petitioners further argue that those individuals for whom McNally acted as the notary were not properly sworn and that, as a result, his designating petition should be declared invalid on the basis of fraud. We note that “a candidate’s designating petition will only be invalidated on the ground of fraud if there is a finding that the entire designating petition is permeated with fraud” (Matter of Drace v Sayegh, 43 AD3d 481, 482 [2007]; see Matter of Harris v Duran, 76 AD3d 658, 659 [2010]; Matter of Robinson v Edwards, 54 AD3d 682, 683 [2008]) or “the candidate participated in, or can be charged with knowledge of, fraudulent activity” (Matter of Kraham v Rabbitt, 11 AD3d 808, 809 [2004]; see Matter of Tapper v Sampel, 54 AD3d 435, 436 [2008], lv denied 11 NY3d 701 [2008]). Notably, the burden is upon the party challenging the designating petition to demonstrate the existence of fraud by clear and convincing evidence (see Matter of Harris v Duran, 76 AD3d at 659; Matter of Robinson v Edwards, 54 AD3d at 683; Matter of Kraham v Rabbitt, 11 AD3d at 809).
Petitioners, in claiming fraud, rely solely upon Nolin’s testimony at the hearing before Supreme Court. While Nolin testified that McNally did not formally “swear” her or her
Mercure, J.E, Peters, Malone Jr., Kavanagh and Egan Jr., JJ., concur. Ordered that the order is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.