Hyperlawhypertext legal databasebeta De Luca v. McNab 16 N.Y.2d 835

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De Luca v. McNab

16 N.Y.2d 835 Court N.Y. Decision date 1965-09-09 English

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p. 835
In the Matter of Frank P. De Luca, Respondent, v. Everett McNab et al., Constituting the Board of Elections of the County of Suffolk, Appellants, and Pierson R. Hildreth et al., Appellants.
Argued 'September 9,1965;
decided September 9, 1965.
p. 837
Joseph F. O’Neil for Pierson R. Hildreth and others, appellants.
George W. Percy, Jr., County Attorney (Francis J. Costello of counsel), for Everett McNab and another, appellants.
John Braslow for respondent.

Order reversed, without costs, and the designating petition reinstated upon the ground that the petition sufficiently complied with section 135 of the Election Law (see Matter of Simpson v. Cohen, 275 N. Y. 642 ). The sheets as to each assembly district are consecutively numbered thus eliminating the opportunities for fraud which the requirement of consecutive numbering in section 135 of the Election Law was designed to prevent.

Concur: Chief Judge Desmond and Judges Dye, Van Voorhis, Burke, Reynolds[1] and Pennock.* Judge Scileppi dissents upon the ground that there was not sufficient compliance with section 135 of the Election Law.

* Designated pursuant to section 2 of article VI of the State Constitution in the temporary absence of Judges Fulo and Bergan.

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