Felsen v. Scaringe
Felsen v. Scaringe
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, without costs, and the petition to invalidate the nominating petition should be denied.
Respondents’ nominating petition included the names of three persons for appointment to a committee to fill vacancies, as is required by law (Election Law, § 6-140, subd 1). Two of the named appointees, however, did not register as voters in the Town of Guilderland, the pertinent political unit, until, respectively, one day and one week after the first day that petitions could be circulated. Having registered in time for the election, they nonetheless qualified as “registered voters within such political unit” for the purposes of the statute (see Matter of Naples v Carr, 29 Misc 2d 944, affd 14 AD2d 828, affd 10 NY2d 85(1 [applying former section 138 of the Election Law, the predecessor to section 6-140]). In any event, on oral argument it was undisputed that no signatures were actually collected before the appointees registered to vote, and the statute certainly imposes no requirement that registration occur before then.
The objection that the petition does not clearly delineate
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.
Order reversed, etc.
Reference
- Full Case Name
- In the Matter of Karl E. Felsen v. George P. Scaringe, Constituting the Albany County Board of Elections, and Kevin A. Moss
- Status
- Published