Hyperlawhypertext legal databasebeta Braxton v. Mahoney 63 N.Y.2d 691

← Cases

Braxton v. Mahoney

63 N.Y.2d 691 Court N.Y. Decision date 1984-08-28 English

Contents

Majority

p. 691
In the Matter of Clifford Braxton, Respondent, v Edward J. Mahoney et al., Constituting the Board of Elections of the County of Erie, Appellants.
Submitted August 27, 1984;
decided August 28, 1984
APPEARANCES OF COUNSEL
Eugene F. Pigott, Jr., County Attorney {Roger D. Avent of counsel), for appellants.
James E. Crotty for respondent.
p. 692
OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, and the petition to validate dismissed. The requirements of subdivision 2 of section 6-134 of the Election Law that the sheets of a designating petition be bound together in one or more volumes and the sheets in each volume be numbered consecutively at the foot of each sheet are requirements of content rather than form (see Matter of Frome v Board of Elections, 57 NY2d 741 ; Matter of Hutson v Bass, 54 NY2d 772 ; cf. Matter of Sheehan v Scaringe, 60 NY2d 795 ). Neither sheet of the petition was numbered, the sheets were not bound together, and neither sheet by itself contained a sufficient number of signatures to qualify petitioner as a candidate for County Committeeman. Petitioner’s designating petition was, therefore, properly invalidated by the Board of Elections.

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

Order reversed, etc.

Cases cited

Statutes and regulations cited