McHale v. Smolinski

Order unanimously reversed on the law without costs and petition granted. Memorandum: Candidate Francina J. Cartonia filed a 68-page designating petition for Democratic nomination for Erie County Legislator (Fifteenth District) containing 998 signatures. The questionable and irregular signature-collecting process permeated the petition with fraud and it should be invalidated. Numerous violations of Election Law § 6-132 occurred. Five subscribing witnesses, whose petition sheets accounted for 656 signatures, were not, on a number of occasions, in the presence of the signatories when the…