Matter of Frome v. Bd. of Elections of Nassau County
Cases that cite this one
25 later published cases cite this decision.
- Matter of Dwyer v. Town of Stony Point (Appellate Division of the Supreme Court of New York 2021)
- Zobel v. New York State Board of Elections (New York Supreme Court 1998)
- Heath v. Town of Islip (New York Supreme Court 1996)
- De Masi v. D'Apice (Appellate Division of the Supreme Court of New York 1983)
- Matter of Schultz v. Nassau County Bd. of Elections (Appellate Division of the Supreme Court of New York 2026)
- Matter of Wymczak v. Niagara County Bd. of Elections (Appellate Division of the Supreme Court of New York 2025)
- Matter of Pilla v. Karnsomtob (Appellate Division of the Supreme Court of New York 2016)
- Matter of Pilla v. Karnsomtob (Appellate Division of the Supreme Court of New York 2016)
- Kepert v. Tullo (Appellate Division of the Supreme Court of New York 2011)
- Dalton v. Wayne County Board of Elections (Appellate Division of the Supreme Court of New York 2009)
- MTR OF STOPPENBACH v. Sweeney (N.Y. 2002)
- Stoppenbach v. Sweeney (Appellate Division of the Supreme Court of New York 2002)
- Ligammari v. Norris (Appellate Division of the Supreme Court of New York 2000)
- Hinkley v. Egan (New York Supreme Court 1999)
- Barrett v. Brodsky (Appellate Division of the Supreme Court of New York 1993)
- D'Amico v. Mahoney (Appellate Division of the Supreme Court of New York 1985)
- MATTER OF LEMISHOW v. Black (N.Y. 1984)
- Braxton v. Mahoney (N.Y. 1984)
- Scamacca v. Mahoney (Appellate Division of the Supreme Court of New York 1984)
- MATTER OF ENGERT v. McNab (N.Y. 1983)
- Curran v. McNab (Appellate Division of the Supreme Court of New York 1983)
- Ross v. Scaringe (Appellate Division of the Supreme Court of New York 1983)
- Rhodes v. Salerno (N.Y. 1982)
- Martin v. Tutunjian (Appellate Division of the Supreme Court of New York 1982)
- Rhodes v. Salerno (Appellate Division of the Supreme Court of New York 1982)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, without costs, and the case remitted to Supreme Court for its consideration of the application of respondents in our court for a direction to the board of elections to provide the enrolled Democratic voters in Nassau County an opportunity to write in the names of candidates for the offices at issue (cf. Matter of Brown v Ulster County Bd. of Elections, 48 NY2d 614).
The designation of the “city or town” in the statement of a witness to a designating petition is a matter of the legislatively mandated content of the petition, i.e., a matter of substance and not of form. It follows then that omission to include the prescribed information is fatal *743 (Matter of Hutson v Bass, 54 NY2d 772; Matter of Alamo v Black, 51 NY2d 716; Matter of Higby v Mahoney, 48 NY2d 15).
Chief Judge Cooke and Judges Jasen, Jones, Fuchs-berg, Sweeney* and Kane * concur; Judges Gabrielli, Wachtler and Meyer taking no part.
Order reversed, without costs, designating petitions invalidated and matter remitted to Supreme Court, Nassau County, for further proceedings in accordance with the memorandum herein.
Designated pursuant to section 2 of article VI of the State Constitution.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.