Matter of Smithv.Mahoney

Not overruled or negatively treated on appealinfoCoverage
Court of Appeals of the State of New YorkAug 30, 1983
60 N.Y.2d 596 (N.Y. 1983)
60 N.Y.2d 596454 N.E.2d 531467 N.Y.S.2d 191

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Argued August 29, 1983

Decided August 30, 1983

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JAMES B. KANE, J.

William Sims for appellant.

Eugene F. Pigott, Jr., County Attorney ( Roger D. Avent of counsel), for respondents.


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 N.Y.2d 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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