Ferraro v. McNab

New York Court of Appeals
Ferraro v. McNab, 60 N.Y.2d 601 (N.Y. 1983)
454 N.E.2d 533; 467 N.Y.S.2d 193; 1983 N.Y. LEXIS 3311

Ferraro v. McNab

Opinion of the Court

*603OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Absent a finding that the candidates’designating petition is permeated with fraud, a showing that some signatures were not properly obtained should not result in invalidation of the entire designating petition. Inasmuch as the petition in the present case has sufficient valid signatures, the Appellate Division correctly ordered that the candidates’ names be restored to the ballot. Further, appellant’s contention that the petition should be invalidated because some signatures also appeared on a previous petition circulated by one of the designated candidates is without merit in the absence of an allegation that the previous petition was filed with the board of elections.

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

Order affirmed, without costs, in a memorandum.

Reference

Full Case Name
In the Matter of Anthony J. Ferraro, Jr. v. Everett F. McNab, Constituting the Board of Elections of the County of Suffolk, and John O. Costello
Cited By
31 cases
Status
Published