Legal Opinion

MATTER OF KRUEGER v. Richards

New York Court of Appeals

Decided May 2, 1983PublishedCited by 31 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division granting the petition to invalidate the nominating petition should be affirmed.

Respondent brought no petition to validate, which would have required that she specify the signatures which she claimed the board had erroneously invalidated. Instead, after the statutory time period (Election Law, § 16-102, subd 2), shfe served an answer to the petition to invalidate containing an affirmative defense in which she claimed, without specification, that there were sufficient valid signatures to her petition. To permit her to do so…

2Cases cited3 opinions

  1. Pell v. CoveneyNew York Court of Appeals · 1975
  2. MATTER OF SUAREZ v. SadowskiNew York Court of Appeals · 1979
  3. Halloway v. BlakelyAppellate Division of the Supreme Court of the State of New York · 1980

3Cited by31 opinions

  1. Jennings v. Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 2006
  2. Messina v. Albany County Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 2009
  3. Matter of Maio v. McNamaraAppellate Division of the Supreme Court of the State of New York · 2020
  4. Green v. MahrAppellate Division of the Supreme Court of the State of New York · 1996
  5. Jannaccio v. Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 2002

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