MATTER OF KRUEGER v. Richards
Cases that cite this one
31 later published cases cite this decision. The 25 that cite it most often are listed here.
- Bradlow v. Board of Elections (New York Supreme Court 1989)
- Messina v. Albany County Board of Elections (Appellate Division of the Supreme Court of New York 2009)
- Ford v. D'Apice (Appellate Division of the Supreme Court of New York 1987)
- Matter of Sweet v. Fonvil (Appellate Division of the Supreme Court of New York 2024)
- Matter of Maio v. McNamara (Appellate Division of the Supreme Court of New York 2020)
- Matter of Toles v. Radle (Appellate Division of the Supreme Court of New York 2019)
- Matter of Walker v. Buttermann (Appellate Division of the Supreme Court of New York 2018)
- Nagubandi v. Polentz (Appellate Division of the Supreme Court of New York 2015)
- Nagubandi v. Polentz (Appellate Division of the Supreme Court of New York 2015)
- Wilson v. Davis (Appellate Division of the Supreme Court of New York 2015)
- Wilson v. Davis (Appellate Division of the Supreme Court of New York 2015)
- Lacorte v. Cytryn (N.Y. 2013)
- Lacorte v. Cytryn (Appellate Division of the Supreme Court of New York 2013)
- Lacorte v. Cytryn (Appellate Division of the Supreme Court of New York 2013)
- Smith v. Sullivan (New York Supreme Court 2012)
- Frascone v. Rockland County Board of Elections (Appellate Division of the Supreme Court of New York 2011)
- Gregory John Fischer v. Suffolk County Bd. of Elections (Appellate Division of the Supreme Court of New York 2008)
- Jennings v. Board of Elections (Appellate Division of the Supreme Court of New York 2006)
- Flood v. Schopfer (Appellate Division of the Supreme Court of New York 2005)
- Jannaccio v. Board of Elections (Appellate Division of the Supreme Court of New York 2002)
- Rodriguez v. Nieves (Appellate Division of the Supreme Court of New York 1997)
- Green v. Mahr (Appellate Division of the Supreme Court of New York 1996)
- Elwood v. Jackson (Appellate Division of the Supreme Court of New York 1994)
- Henry v. Blake (Appellate Division of the Supreme Court of New York 1994)
- Elwood v. Jackson (New York Supreme Court 1994)
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 granting the petition to invalidate the nominating petition should be affirmed.
Respondent brought no petition to validate, which would have required that she specify the signatures which she claimed the board had erroneously invalidated. Instead, after the statutory time period (Election Law, § 16-102, subd 2), shfe served an answer to the petition to invalidate containing an affirmative defense in which she claimed, *683 without specification, that there were sufficient valid signatures to her petition. To permit her to do so would be manifestly unfair (see Matter of Suarez v Sadowski, 48 NY2d 620, 621) because her opponents would thereby be deprived of the full opportunity afforded them by the statute to meet her proof.
The Appellate Division did not err, therefore, in precluding her from relying upon the validity of such unspecified signatures. Nor are there present in this case unique circumstances, such as were present in Matter of Halloway (77 AD2d 932, 933; see Matter of Pell v Coveney, 37 NY2d 494). In light of this disposition, we do not reach the substantive issues raised.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur; Judge Fuchsberg taking no part.
Order affirmed, without costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.