Maloney v. Board of Elections — 65 N.Y. 964

Majority

p. 964

In the Matter of Carolyn Maloney, Appellant, v Board of Elections of the City of New York et al., Respondents.

Argued August 26, 1985;

decided August 28, 1985

p. 965

APPEARANCES OF COUNSEL

Nicholas Miglino for appellant.

Paul E. Kerson for William Perkins, respondent.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Michael C. Harwood and Susan R. Rosenberg of counsel), for Board of Elections of City of New York, respondent.

OPINION OF THE COURT

Memorandum.

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

Even if we were to strike the first volume of the candidate’s designating petition because of superfluous pages (see, Matter of Jonas v Black, 63 NY2d 685 , affg 104 AD2d 466 ), the other three volumes of his petition contain more than ample valid signatures to entitle him to a position on the primary election ballot. The remaining defects in the petition cited by appellant, slight overstatements of total signatures on the cover sheets, are inconsequential (see, Matter of Staber v Fidler, 65 NY2d 529 ).

Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone concur.

Order affirmed, without costs, in a memorandum.

Cases cited

Jonas v. Black 63 NY2d 685 N.Y. 1984-08-28 p. 965