Legal Opinion

Scamacca v. Mahoney

Appellate Division of the Supreme Court of the State of New York

Decided September 21, 1984PublishedCited by 9 opinions

1Opinion of the Court

— Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term improperly held that the inclusion of a village as the “town or city” of residence of a signer of a designating petition constituted substantial compliance with section 6-130 of the Election Law. The failure of the signers to provide the “town or city” of residence is a fatal defect and renders the designating petition invalid {Matter of McKeever v Hornidge, 306 NY 876; see, also, Matter of Frome v Board of Elections, 57 NY2d 741, 742; Matter of Hutson v Bass, 54…

2Cases cited5 opinions

  1. Hutson v. BassNew York Court of Appeals · 1981
  2. Higby v. MahoneyNew York Court of Appeals · 1979
  3. Ferris v. SadowskiNew York Court of Appeals · 1978
  4. Matter of Frome v. Bd. of Elections of Nassau CountyNew York Court of Appeals · 1982
  5. McKeever v. HornidgeNew York Court of Appeals · 1954

3Cited by9 opinions

  1. Bachety v. CanaryAppellate Division of the Supreme Court of the State of New York · 1985
  2. D'Amico v. MahoneyAppellate Division of the Supreme Court of the State of New York · 1985
  3. Pascazi v. New York State Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 1994
  4. Ligammari v. NorrisAppellate Division of the Supreme Court of the State of New York · 2000
  5. Shaughnessy v. Herkimer County Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 1984

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