Legal Opinion

Caruso v. Casciola

New York Court of Appeals

Decided June 16, 1970PublishedCited by 7 opinions

1Opinion of the Court

Order affirmed, without costs, in the following memorandum: Although it is true that several of the signatures herein were improperly validated by Special Term in that the notaries public or commissioners of deeds had not taken oaths of certain signatories (Election Law, § 135, subd. 2; see Matter of Helfand v. Meisser, 22 N Y 2d 762), the remaining valid signatures were far in excess of the amount required for designation. Moreover, although the technical irregularity of failing to administer the oath is sufficient to invalidate a signature, it is not the type of defect which would warrant…

2Cases cited1 opinion

  1. Clum v. HolmesNew York Supreme Court · 1949

3Cited by7 opinions

  1. MATTER OF HASKELL v. GargiuloNew York Court of Appeals · 1980
  2. Hall v. DussaultAppellate Division of the Supreme Court of the State of New York · 2013
  3. Frazier v. LeonAppellate Division of the Supreme Court of the State of New York · 1992
  4. O'Dea v. BellAppellate Division of the Supreme Court of the State of New York · 1997
  5. Matter of Mertz v. BradshawAppellate Division of the Supreme Court of the State of New York · 2015

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