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MATTER OF ROSEN v. McNAB

25 N.Y.2d 798 (1969)

In the Matter of Aaron D. Rosen et al., Appellants, v. Everett F. McNab et al., Constituting the Board of Elections of Suffolk County, Respondents.

Court of Appeals of the State of New York.

Decided June 11, 1969.

Attorney(s) appearing for the Case

Sheldon J. Sanders for appellants.

George W. Percy, Jr., County Attorney (Francis J. Costello of counsel), for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur.

MEMORANDUM.

The designating petition filed with the Board of Elections should be validated. In the absence of allegations of fraud substantial compliance with the Election Law is sufficient. The People's will should not be fettered by technicalities requiring precise compliance. In this case Mr. Rosen submitted five petition sheets that were bound together and Mr. Porter submitted three petition sheets that were bound together...

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