Cairo v. Harwood

New York Court of Appeals October 19, 1977

Cairo v. Harwood, 42 N.Y.2d 1098 (N.Y. 1977)

369 N.E.2d 1186; 399 N.Y.S.2d 653; 1977 N.Y. LEXIS 2430

Opinion of the Court

Memorandum. The order of the Appellate Division is affirmed, without costs.

The requirement of section 138 (subd 2) of the Election Law that sheets of an independent nominating petition shall be in substantial compliance with the form set forth in that section, has been met. While strict compliance with the section would eliminate extensive litigation, it should be noted that this case does not involve either an omission of required information (cf. Matter of Vari v Hayduk, 42 NY2d 980) or an omission of the declaration of support and nomination (cf. Matter of Christiana, 120 Misc 423).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Fuchsberg and Cooke concur in memorandum; Judge Wachtler taking no part.

Order affirmed.

Reference

Full Case Name: In the Matter of Joseph G. Cairo, Jr. v. Stanley Harwood, Constituting the Board of Elections of the County of Nassau, and Ralph G. Caso, (And Another Proceeding.)
Cited By: 2 cases
Status: Published