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MATTER OF DE LUCA v. McNAB

16 N.Y.2d 835 (1965)

In the Matter of Frank P. De Luca, Respondent, v. Everett McNab et al., Constituting the Board of Elections of the County of Suffolk, Appellants, and Pierson R. Hildreth et al., Appellants.

Court of Appeals of the State of New York.

Decided September 9, 1965.

Attorney(s) appearing for the Case

Joseph F. O'Neil for Pierson R. Hildreth and others, appellants.

George W. Percy, Jr., County Attorney (Francis J. Costello of counsel), for Everett McNab and another, appellants.

John Braslow for respondent.

Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, REYNOLDS and PENNOCK. Judge SCILEPPI dissents upon the ground that there was not sufficient compliance with section 135 of the Election Law.

Order reversed, without costs, and the designating petition reinstated upon the ground that the petition sufficiently complied with section 135 of the Election Law (see Matter of Simpson v. Cohen, 275 N.Y. 642). The sheets as to each assembly district are consecutively numbered thus eliminating the opportunities for fraud which the requirement of consecutive numbering in section 135 of the Election Law was designed...

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