Legal Opinion

Kepert v. Tullo

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

Decided October 14, 2011PublishedCited by 1 opinion

1Opinion of the Court

*827Pursuant to Election Law § 6-132 (2), each sheet of a designating petition must have appended to it, at the bottom, a signed statement of a witness that states, inter alia, the number of signatures witnessed (see Matter of Sheldon v Sperber, 45 NY2d 788, 789 [1978]). Thus, because the stating of the number of signatures witnessed “is a matter of the legislatively mandated content of the [designating] petition, i.e., a matter of substance and not of form . . . [failure] to include the prescribed information is fatal” (Matter of Frome v Board of Elections of Nassau County, 57 NY2d 741, 742…

2Cases cited17 opinions

  1. Matter of Frome v. Bd. of Elections of Nassau CountyNew York Court of Appeals · 1982
  2. MTR OF STOPPENBACH v. SweeneyNew York Court of Appeals · 2002
  3. Sortino v. ChiavaroliAppellate Division of the Supreme Court of the State of New York · 1977
  4. Sheldon v. SperberNew York Court of Appeals · 1978
  5. Zunno v. FeinAppellate Division of the Supreme Court of the State of New York · 1991

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3Cited by1 opinion

  1. Matter of Dwyer v. Town of Stony PointAppellate Division of the Supreme Court of the State of New York · 2021

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