Majority
p. 666In the Matter of Thomas S. Parker et al., Respondents, v V. James Chiavaroli et al., Constituting the Board of Elections of the County of Monroe, Appellants, and Ken Moore, Respondent.
Order unanimously reversed, without costs, and petition dismissed. Memorandum: The subscribing witness to the independent nominating petition incorrectly listed the town of his residence as required by subdivision 1 of section 6-140 of the Election Law. We reverse on the authority of Matter of Higby v Mahoney ( 48 NY2d 15 ) and Matter of Vari v Hayduk ( 42 NY2d 980 ). (Appeal from order of Monroe Supreme Court—Election Law.) Present—Dillon, P. J., Hancock, Jr., Schnepp, Callahan and Doerr, JJ. (Decided Oct. 12, 1979.)
Cases cited
- Higby v. Mahoney 48 NY2d 15 p. 666
- Vari v. Hayduk 42 NY2d 980 p. 666