Legal Opinion

Margulies v. Hartwell

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

Decided September 27, 1996Published

1Opinion of the Court

Order unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition seeking to invalidate the petition designating Joan W. Scalise as the Democratic candidate for the office of Comptroller of the City of Utica. The court invalidated 358 of the 1,742 signatures on the designating petition. Petitioner, however, failed to present proof sufficient to warrant invalidation of the 1,384 remaining valid signatures. ''[S]omething more than petitioner’s pure speculation is required to invalidate the signatures” (Matter of Berbary v Moss, 154 AD2d 870, 871). Petitioner…

2Cases cited1 opinion

  1. Berbary v.MossAppellate Division of the Supreme Court of the State of New York · 1989

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