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Schaller v. McNab

16 N.Y.2d 976 Court N.Y. Decision date 1965-10-28 English

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p. 976
In the Matter of Barbara H. Schaller, Respondent, v. Everett F. McNab et al., Constituting the Board of Elections of Suffolk County, Respondents, and Clement J. Gaertner, Jr., Appellant.
Argued October 28, 1965;
decided October 28, 1965.
p. 977
William F. X. Klan and William F. Lauro for appellant.
Richard Cahn for respondent.

Order of Appellate Division reversed and judgment of Special Term reinstated, without costs. In the first place, the evidence supports the finding of Special Term that the nominating petition was properly authenticated as required by law (Election Law, § 135; see Matter of Kaplan [Greenman], 294 N. Y. 584 ). In the second place, not only was there no charge that any signature had been forged, hut, as both courts found below, a sufficient number of the signatures on the petition are valid.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Scileppi and Bergan. Taking no part: Judge Burke.

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