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MATTER OF LA MENDOLA v. MAHONEY

49 A.D.2d 798 (1975)

In the Matter of Rose D. La Mendola, Appellant, v. Edward J. Mahoney et al., Constituting The Board of Elections of Erie County, and M. Dolores Denman et al., Respondents

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

September 11, 1975

Order unanimously affirmed, without costs.

Memorandum:

Although 17 of the 57 notaries public or commissioners of deeds who obtained signatures did not administer formal oaths, the record shows that the subscribers were fully informed of the purpose of the petition, and it reveals no evidence of fraud. Special Term correctly held that the designating petition substantially complied with section 135 of the Election Law and was valid (Matter of Rosen v McNab...

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