MATTER OF PLUNKETT v. Mahoney
Cases that cite this one
17 later published cases cite this decision.
- Matter of Seawright v. Board of Elections / Matter of Hawatmeh v. State Board of Elections (N.Y. 2020)
- Longo v. Loeffler (Appellate Division of the Supreme Court of New York 1997)
- Matter of Seawright v. Board of Elections in the City of N.Y. (Appellate Division of the Supreme Court of New York 2020)
- Hardwick v. Ward (Appellate Division of the Supreme Court of New York 2013)
- Hardwick v. Ward (Appellate Division of the Supreme Court of New York 2013)
- Scaturro v. Becker (Appellate Division of the Supreme Court of New York 2010)
- Williams v. McDonough (Appellate Division of the Supreme Court of New York 2007)
- Hunter v. New York State Board of Elections (Appellate Division of the Supreme Court of New York 2006)
- Amo v. Orange County Board of Elections (Appellate Division of the Supreme Court of New York 2001)
- Sullivan v. Longo (New York Supreme Court 2001)
- Maurer v. Monescalchi (Appellate Division of the Supreme Court of New York 1999)
- Cosgrove v. Sunderland (Appellate Division of the Supreme Court of New York 1998)
- Jobson v. Ingenito (Appellate Division of the Supreme Court of New York 1997)
- Farrell v. Sunderland (New York Supreme Court 1997)
- Stockum v. Castine (Appellate Division of the Supreme Court of New York 1995)
- Stampf v. Hill (Appellate Division of the Supreme Court of New York 1995)
- Proud v. Relin (Appellate Division of the Supreme Court of New York 1991)
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
In the Matter of John M. Plunkett, Appellant-Respondent,
v.
Edward J. Mahoney et al., Constituting the Board of Elections of the County of Erie, Respondents, and Vincent J. Sorrentino, as Chairman of the Erie County Democratic Party, et al., Respondents-Appellants.
Court of Appeals of the State of New York.
John M. Plunkett, pro se, and C. Russell Kelleran, Jr., for John M. Plunkett, appellant-respondent.
Dennis E. Ward for respondents-appellants.
Patrick F. NeMoyer, County Attorney, for respondents.
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and BELLACOSA. Judge HANCOCK, JR., dissents in part and votes to affirm in a memorandum in which Judge TITONE concurs.
Order modified, without costs, by denying the cross petition for the reasons stated in the dissenting in part memorandum by Justices Boomer and Lowery at the Appellate Division (___ AD2d ___) and, as so modified, affirmed. We add only that failure to timely file a certificate of authorization, which was required in this instance in order for there to be a valid designating petition (Election Law § 6-120 [3]), constituted a "fatal defect" under Election Law § 1-106 (2). Moreover, because the petition is void under the statute, the defect cannot be considered merely "technical" (see, Matter of Harden v Board of Elections, 74 N.Y.2d 796).
HANCOCK, JR., J. (dissenting in part).
I would affirm essentially for the reasons stated by the majority at the Appellate Division.
In my view, the three-day delay in filing the certification of authorization (Election Law § 6-120 [3]) is clearly a "technical defect" of the type which falls within the exception established in Matter of Harden v Board of Elections (74 N.Y.2d 796). The result reached by the majority effectively abolishes the equitable remedy fashioned in Matter of Hunting v Power (20 N.Y.2d 680) which the court recently acknowledged was "designed to give effect to the intention manifested by qualified party members to nominate some candidate, where that intention would otherwise be thwarted by the presence of technical, but fatal defects in designating petitions, leaving the political party without a designated candidate for a given office." (Matter of Harden v Board of Elections, supra, at 797.) It is undisputed here that the electorate has manifested its desire to nominate some candidate. (Cf., Matter of Walker v Salerno, 89 AD2d 1031, affd on opn below 57 N.Y.2d 739.)
Order modified, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.