Legal Opinion · Dissent

Pecoraro v. Mahoney

New York Court of Appeals

Decided August 28, 1985Published

1DissentJasen, J.

Because in my view the decision reached today exalts hypertechnical form over substantive merit and exacts a draconian penalty wholly disproportionate to the supposed mistake on respondents’ designating petition, I respectfully dissent.

The designating petition in question named respondents Slominski, Arcara and Bolas as candidates for the Conservative Party nominations for Erie County Comptroller, Erie County District Attorney and Erie County Sheriff, respectively. The cover sheet stated the public office sought by each respondent, their names and addresses, the total number of pages in the…

2Cases cited5 opinions

  1. MATTER OF GRANCIO v. CoveneyNew York Court of Appeals · 1983
  2. Delle Cese v. BlackNew York Court of Appeals · 1984
  3. Castillo v. MaclaraNew York Court of Appeals · 1984
  4. MATTER OF SEDA v. RichardsNew York Court of Appeals · 1982
  5. Seda v. RichardsAppellate Division of the Supreme Court of the State of New York · 1982

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