Legal Opinion

Rutter v. Coveney

New York Court of Appeals

Decided March 30, 1976PublishedCited by 56 opinions

1Opinion of the Court

Memorandum. The requirements of subdivision 3 of section 135 of the Election Law are designed to facilitate the discovery of irregularities or fraud in designation petitions. This purpose may only be achieved by mandating uniform and strict compliance with the statutory requirements (Matter of Sciarra v Donnelly, 34 NY2d 970; Gordop v Catania, 34 NY2d 964; Matter of Clune v Hayduk, 34 NY2d 965). To make exceptions, county by county, although seemingly justified in a particular instance, sanctions a practice which in another circumstance could lead to abuses (cf. Matter of Berry v Dodd, 38…

2Cases cited4 opinions

  1. Berry v. DoddNew York Court of Appeals · 1976
  2. Sciarra v. DonnellyNew York Court of Appeals · 1974
  3. MATTER OF CLUNE v. HaydukNew York Court of Appeals · 1974
  4. Gordon v. CataniaNew York Court of Appeals · 1974

3Cited by56 opinions

  1. Higby v. MahoneyNew York Court of Appeals · 1979
  2. Schulz v. WilliamsCourt of Appeals for the Second Circuit · 1994
  3. Schulz v. WilliamsCourt of Appeals for the Second Circuit · 1994
  4. Donnelly v. McNabAppellate Division of the Supreme Court of the State of New York · 1981
  5. Alamo v. BlackNew York Court of Appeals · 1980

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