Alamo v. Black
Cases that cite this one
28 later published cases cite this decision. The 25 that cite it most often are listed here.
- Matter of Schildt v. Campanella (New York Supreme Court, Monroe County 2025)
- Matter of Schildt v. Campanella (Appellate Division of the Supreme Court of New York 2025)
- Matter of Stevens v. Collins (Appellate Division of the Supreme Court of New York 2014)
- Ryan v. Board of Elections (N.Y. 1981)
- Matter of Ferreyra v. Arroyo (Appellate Division of the Supreme Court of New York 2020)
- Matter of Avella v. Johnson (Appellate Division of the Supreme Court of New York 2016)
- Matter of McCormack v. Jablonski (Appellate Division of the Supreme Court of New York 2015)
- DADEY, JR., THOMAS v. v. CZARNY, DUSTIN M. (Appellate Division of the Supreme Court of New York 2015)
- BONIELLO, DAVID G. v. NIAGARA COUNTY BOARD OF ELECTIONS (Appellate Division of the Supreme Court of New York 2015)
- Boniello v. Niagara County Board of Elections (Appellate Division of the Supreme Court of New York 2015)
- Boniello v. Niagara County Board of Elections (Appellate Division of the Supreme Court of New York 2015)
- Grasso v. Cleveland (Appellate Division of the Supreme Court of New York 2015)
- Grasso v. Cleveland (Appellate Division of the Supreme Court of New York 2015)
- McGuire v. Gamache (Appellate Division of the Supreme Court of New York 2005)
- Pisacane v. King (Appellate Division of the Supreme Court of New York 1991)
- Malone v. Tutunjian (New York Supreme Court 1991)
- Burgess v. D'Apice (Appellate Division of the Supreme Court of New York 1985)
- Purtell v. Kuczek (Appellate Division of the Supreme Court of New York 1985)
- Barrett v. Scaringe (Appellate Division of the Supreme Court of New York 1985)
- McGoey v. Black (New York Supreme Court 1984)
- Lugo v. Board of Elections (New York Supreme Court 1984)
- Matter of Frome v. Bd. of Elections of Nassau County (N.Y. 1982)
- Braxton v. Smolinski (Appellate Division of the Supreme Court of New York 1982)
- Rhodes v. Salerno (Appellate Division of the Supreme Court of New York 1982)
- Felsen v. Scaringe (N.Y. 1981)
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
Memorandum.
The order of the Appellate Division should be reversed, without costs, and the judgment of Special Term reinstated.
The "witness statement” in the designating petitions failed to include a declaration that the signatories had subscribed their names on the dates indicated in the spaces adjacent to their signatures, notwithstanding the clear language of section 6-132 of the Election Law requiring such a declaration. While section 6-132 by its terms permits "substantial compliance” with the statutorily prescribed format for designating petitions, it does not permit deviations from the statutorily prescribed content of such petitions (cf. Matter of Ruiz v Sachs, 43 NY2d 894).
The omission of the required declaration was a substantive departure from the mandates of the statute and not a mere error in form. Absent a declaration that the signatures had been obtained on the dates indicated, the petitions were deficient in much the same manner as they would have been had the witnesses failed to aver that the signatories had signed in their presence. In both cases, there is a fatal failure to include in the petition an element which the Legislature has deemed to be essential.
The substantive requirements of section 6-132 "are designed to facilitate the discovery of irregularities or fraud in designation petitions” (Matter of Rutter v Coveney, 38 NY2d 993, 994). Were we to permit deviation from these requirements in this case, we would be taking the first step toward unraveling the carefully conceived legislative scheme.
Order reversed, without costs, and the judgment of Supreme Court, Bronx County, reinstated in a memorandum.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.