Proskin v. May

I dissent and vote to affirm.

Arnold W. Proskin, appellant and a candidate for the Conservative Party nomination for the public office of Senator from the 42nd Senate District of the State of New York, instituted this proceeding for an order declaring invalid the petition designating Howard C. Nolan, Jr., as a candidate for said nomination at the primary election to be held September 14, 1976.

The petition under scrutiny contained 220 signatures. Special Term found 116 of the signatures were invalid and determined as a matter of law that the "petition is so permeated with forgeries, fraudulent…