Ryan v. Board of Elections

Markewich, J.P., dissents in a memorandum as follows:

The Special Term “rejected” a Special Referee’s report which recommended validation of a designating petition, which had been attacked on the basis that a number of signatures thereon which, if subtracted, would have left a difference from the total sufficient to defeat validation, had been attested to by a subscribing witness whose residence was not within “the political subdivision in which the office *** is to be voted for.” (Election Law, §6-132, subd 2.) The petition was thus invalidated. A majority of this court would, either in the…