Legal Opinion · Dissent

Ruiz v. McKenna

New York Court of Appeals

Decided September 2, 1976Published

1DissentJasen, J.

In this proceeding, Israel Ruiz, Jr., challenges the validity of the petition designating Eugene R. McKenna as a candidate for the State Senate, 31st Senatorial District, Bronx County, in the Democratic primary. McKenna obtained 2,570 signatures, of which the Board of Elections invalidated 1514. Since there remained 1,056 valid signatures, satisfying the statutory requirement of 1,000 (Election Law, § 136, subd 6, par [h]), the board validated McKenna’s petition. A referee struck two additional signatures, but sustained the *817balance, principally upon the ground that McKenna had not committed…

2Cases cited4 opinions

  1. Ippolito v. PowerNew York Court of Appeals · 1968
  2. Mercorella v. BenzaNew York Court of Appeals · 1975
  3. Veteran v. Tarrytown Citizens' Party for Village Offices of the Village of TarrytownNew York Supreme Court · 1958
  4. Goldstein v. FentonNew York Supreme Court · 1952

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