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MATTER OF SCIARRA v. DONNELLY

45 A.D.2d 941 (1974)

In the Matter of Nicholas J. Sciarra et al., Appellants, v. George F. Donnelly et al., Respondents

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

August 20, 1974

There is no fraud here. The signatures and addresses are correct and valid, and the technical errors appear to have been caused by confusion resulting from reapportionment. 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" (Matter of Rosen v. McNab, 25 N.Y.2d 798, 799). The court found 1,478 signatures...

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