Braxton v. Smolinski — 89 A.D.2d 1053

Majority

p. 1053

In the Matter of Clifford F. Braxton, Appellant, v Philip D. Smolinski et al., as Commissioners of Elections, Constituting the Board of Elections of the County of Erie, and William W. Kuszniaj, Respondents.

Order unanimously affirmed, without costs. Memorandum: Petitioner appeals from an order of Special Term dismissing the petition to validate the designating petition of petitioner candidate on the ground that it failed to specify the date of the primary election. The petition was properly dismissed since the date of the primary election is specifically prescribed by subdivision 1 of section 6-132 of the Election Law and strict compliance with the content provisions of the statute is required (Matter of Hutson v Bass, 54 NY2d 772 , 774; Matter of Alamo v Black, 51 NY2d 716 ). Insofar as our decision in Matter of Lloyd v Power ( 37 AD2d 792 ) holds otherwise, we note that case was decided before enactment of the present statute. (Appeal from order of Supreme Court, Erie County, Green, J. —- Election Law.) Present — Simons, J. P., Hancock, Jr., Denman, Moule and Schnepp, JJ.

Cases cited

Hutson v. Bass 54 NY2d 772 N.Y. 1981-09-03 at 774 p. 1053
Alamo v. Black 51 NY2d 716 N.Y. 1980-08-28 p. 1053
Lloyd v. Power 37 AD2d 792 N.Y. App. Div. 1971-09-16 p. 1053

Statutes and regulations cited

Election Law p. 1053