Legal Opinion

MATTER OF HASKELL v. Gargiulo

New York Court of Appeals

Decided September 5, 1980PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The orders of the Appellate Division should be reversed, and the matters remitted to that court for consideration of the facts (CPLR 5613).

Special Term held that the petitions should be invalidated after finding that 12 of the signatories had not made the required affirmation. In addition, and more importantly, the court found that Steven Izzo, respondent’s brother, had misrepresented to a signatory, who did not speak English, that the petition related to a different candidate. The court also found that the candidate himself acted as a subscribing witness to at…

2Cases cited3 opinions

  1. Mercorella v. BenzaNew York Court of Appeals · 1975
  2. MATTER OF RODRIGUEZ v. HarrisNew York Court of Appeals · 1980
  3. Caruso v. CasciolaNew York Court of Appeals · 1970

3Cited by17 opinions

  1. Felder v. StorobinAppellate Division of the Supreme Court of the State of New York · 2012
  2. Bonner v. NegronAppellate Division of the Supreme Court of the State of New York · 2011
  3. Tapper v. SampelAppellate Division of the Supreme Court of the State of New York · 2008
  4. Del Pellegrino v. GiulianiAppellate Division of the Supreme Court of the State of New York · 1989
  5. Meeks v. PruittAppellate Division of the Supreme Court of the State of New York · 1992

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