Legal Opinion
Carey v. Chiavaroli
Appellate Division of the Supreme Court of the State of New York
Decided November 4, 1983PublishedCited by 8 opinions
1Opinion of the Court
Order unanimously affirmed, without costs. Memorandum: Subdivision 3 of section 6-138 "of the Election Law requires that the party name selected by an independent body making a nomination shall not include the name or part of the name of that stated on a previously filed independent nominating petition. It also prohibits the use of any name which would “create the possibility of confusion”. The manifest purpose of this statute is “ ‘to prevent all possibility of confusion in the minds of voters in connection with the election machinery.’ ” (Matter of Ottinger v Lomenzo, 35 AD2d 747, affd 27…
2Cases cited4 opinions
- McCarthy v. LawleyNew York Court of Appeals · 1970
- McCarthy v. LawleyAppellate Division of the Supreme Court of the State of New York · 1970
- Donnellon v. HeffernanNew York Supreme Court · 1948
- Matter of Donnellon v. HeffernanNew York Court of Appeals · 1948
3Cited by8 opinions
- Gleason v. TutunjianAppellate Division of the Supreme Court of the State of New York · 1989
- Verity v. FitzgibbonAppellate Division of the Supreme Court of the State of New York · 1986
- DiResto v. CornellAppellate Division of the Supreme Court of the State of New York · 2009
- Falcone v. ManupellaAppellate Division of the Supreme Court of the State of New York · 1990
- McDonough v. TutunjianAppellate Division of the Supreme Court of the State of New York · 1987
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