Opinion
August 31, 1961
Appeal from the Erie Special Term.
Present — Williams, P.J., Bastow, McClusky and Henry, JJ.
Order unanimously affirmed, without costs of this appeal to either party. Memorandum: We find sufficient proof in this record to establish that there were 10 names properly voided by Special Term. When these are added to the 14 voided by the Board of Elections, it concededly reduces the number of qualified signers to 71, whereas 72 are required. We do not adopt that portion of the decision of Special Term in which all of the names contained on pages one and five are disallowed. In the event that it is a rule of law that under certain circumstances amounting to active fraud or forgery, all the names on a sheet may be voided, the proof here does not fall within the decisions which so indicate. (Cf. Matter of Weisberger v. Cohen, 260 App. Div. 392.) The appellant made no showing that he had any clear and material proof to submit on the requested adjourned day, but, in any event, this being a summary proceeding, he should have been ready to proceed without the request for a further adjournment. Further, under the circumstances of this case, we find it was not necessary to serve or join the members of the Committee on Vacancies. Application for leave to appeal to the Court of Appeals granted.