Finn v. Sherwood
Opinion of the Court
Initially, we note that, under the particular circumstances of this case, the appeal is not academic.
The petitioners also failed to meet their burden of establishing that all of the signatures on the designating petition should have been invalidated on the ground that Douglas J. Jobson, the notary public who witnessed the signatures, failed to obtain a statement from each of the signatories attesting to the truth and accuracy of the matter to which they subscribed their names {see Election Law § 6-132 [3]). Jobson testified that he introduced himself to each signatory, explained to them what they were signing, and administered to and took an oath from each signatory. Jobson thereby substantially complied with Election Law § 6-132 (3) {see Matter of Kutner v Nassau County Bd. of Elections, 65 AD3d 643, 644-645 [2009]; Matter of Liebler v Friedman, 54 AD3d 697, 697-698 [2008]). “Since the Supreme Court had the advantage of hearing and seeing the witnesses, the Supreme Court’s assessment of [Jobson’s] credibility is entitled to substantial deference” (Matter of Harris v Duran, 76 AD3d at 659; see Matter of Drace v Sayegh, 43 AD3d at 482).
Further, we reject the petitioners’ contention that the designating petition should have been invalidated on the ground that candidate William Sherwood failed to file a certificate of acceptance as required by Election Law § 6-146 (1). Sherwood filed a certificate of acceptance containing his complete and correct name, his correct address, the correct political party, and the correct office. The certificate was duly acknowledged by a
The petitioners’ remaining contentions are without merit. Therefore, the Supreme Court properly, in effect, denied the petition and dismissed the proceeding. Skelos, J.E, Leventhal, Hall and Lott, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.