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MATTER OF PERICONI v. MAROTTA

34 A.D.2d 1035 (1970)

In the Matter of Joseph F. Periconi, Respondent, v. Tony Marotta, Appellant, and John P. Lomenzo, as Secretary of State of The State of New York, et al., Respondents

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

June 11, 1970

Judgment affirmed, without costs.

MEMORANDUM BY THE COURT.

The failure of the subscribing witnesses to state the Election and Assembly Districts in which they presently reside was a substantial departure from the requirements of the Election Law (§ 135, subd. 3) which renders the petition invalid (Matter of Crosbie v. Cohen, 281 N.Y. 329; Matter of Maurin v. Allis, 28 A.D.2d 810, affd.

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