De Luca v. McNab

New York Court of Appeals September 9, 1965

De Luca v. McNab, 16 N.Y.2d 835 (N.Y. 1965)

210 N.E.2d 643; 263 N.Y.S.2d 321; 1965 N.Y. LEXIS 1166

Opinion of the Court

Order reversed, without costs, and the designating petition reinstated upon the ground that the petition sufficiently complied with section 135 of the Election Law (see Matter of Simpson v. Cohen, 275 N. Y. 642). The sheets as to each assembly district are consecutively numbered thus eliminating the opportunities for fraud which the requirement of consecutive numbering in section 135 of the Election Law was designed to prevent.

Concur: Chief Judge Desmond and Judges Dye, Van Voorhis, Burke, Reynolds* and Pennock.* Judge Scileppi dissents upon the ground that there was not sufficient compliance with section 135 of the Election Law.

Designated pursuant to section 2 of article VI of the State Constitution in the temporary absence of Judges Fulo and Bergan.

Reference

Full Case Name: In the Matter of Frank P. De Luca v. Everett McNab, Constituting the Board of Elections of the County of Suffolk, and Pierson R. Hildreth
Cited By: 2 cases
Status: Published