MATTER OF ANDERSON v. POWER


1 A.D.2d 603 (1956)

In the Matter of Marie Anderson et al., Respondents, v. James M. Power et al., Constituting The Board of Elections of the City of New York, et al., Appellants In the Matter of David C. Broderick, Respondent, v. James M. Power et al., Constituting The Board of Elections of the City of New York, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 1, 1956.


Attorney(s) appearing for the Case

Joseph P. Brennan for appellants.

Abraham J. Gellinoff for respondents.

PECK, P. J., BREITEL, BOTEIN and RABIN, JJ., concur.


Per Curiam.

The orders invalidating petitions for primary designations for public and party office should be affirmed.

Under section 135 of the Election Law as last amended in 1954 (L. 1954, ch. 745), a subscribing witness to a designating petition may append an unsworn statement, in lieu of an affidavit as theretofore required, but under the same penalties for falsehood as if duly sworn. Such a statement is a solemn, formal act that must comply with...

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