New York Court of Appeals, 1981

Sheehan v. Aylward

New York Court of Appeals · Decided October 21, 1981

54 N.Y.2d 934; 429 N.E.2d 816; 445 N.Y.S.2d 138; 1981 N.Y. LEXIS 3143

Cases that cite this one

7 later published cases cite this decision.

Matter of Hawatmeh v. New York State Bd. of Elections (Appellate Division of the Supreme Court of New York 2020)
Matter of Seawright v. Board of Elections / Matter of Hawatmeh v. State Board of Elections (N.Y. 2020)
Dixon v. Clyne (Appellate Division of the Supreme Court of New York 2011)
Rutherford v. Jones (Appellate Division of the Supreme Court of New York 1987)
Persichetti v. Bollatto (Appellate Division of the Supreme Court of New York 1985)
Barrett v. Scaringe (Appellate Division of the Supreme Court of New York 1985)
Hutchins v. Culver (Appellate Division of the Supreme Court of New York 1984)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as is appealed from, should be affirmed, without costs.

*936We agree with the court below that the failure to include a separate column in which the signers could indicate their town did not render the nominating petitions invalid with respect to the judicial candidates. Inasmuch as each signer listed his present address under the column headed “Town of Guilderland Residence”, all of the information required by subdivision 1 of section 6-130 of the Election Law appeared on the petitions. The failure to include a separate column in which the signers individually could list their town is, in our view, merely a deviation from the statutorily recommended form of the petition, not its prescribed content. As such, strict compliance with the requirements of the Election Law is not mandated. (Election Law, § 6-140, subd 1; see Matter of Ryan v Board of Elections of City of N. Y., 53 NY2d 515; Matter of Hutson v Bass, 54 NY2d 772; Matter of Alamo v Black, 51 NY2d 716.)

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order, insofar as appealed from, affirmed, without costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.