Kolken v. Mahoney

Order of the Appellate Division reversed, without costs, and the order and judgment of Special Term reinstated.

The Board of Elections, after striking 650 signatures, had originally found that respondents were short 37 valid signatures of the 2,000 required to support their designation. In the section 330 proceeding, at the hearing, petitioner in the presentation of his prima facie case relied only on this 37 signature deficiency. Respondents on their case were able to restore as valid between 114 and 122 signatures previously rejected by the Board of Elections for technical irregularities…