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Smith v. Mahoney

60 N.Y.2d 596 Court N.Y. Decision date 1983-08-30 English

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p. 596
In the Matter of John H. Smith, Appellant, v Edward J. Mahoney et al., Constituting the Board of Elections of the County of Erie, Respondents.
Argued August 29, 1983;
decided August 30, 1983
p. 597
APPEARANCES OF COUNSEL
William Sims for appellant.
Eugene F. Pigott, Jr., County Attorney {Roger D. Avent of counsel), for respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Petitioner submitted a designating petition with a cover sheet that omitted the title of the office for which he was running. This information is required by statute (Election Law, § 6-134, subd 2), with which there must be strict compliance (see Matter of Hutson v Bass, 54 NY2d 772 , 773-774). Petitioner’s failure to include the necessary information is not excused by the fact that the form he used was supplied by the local board of elections. That body is not empowered to authorize, implicitly or explicitly, noncompliance with the strictures set forth by the Legislature in section 6-134.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur.

Order affirmed, without costs, in a memorandum.

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