TALBOT v. MAHONEY


52 A.D.2d 716 (1976)

Joanne M. Talbot et al., Respondents, v. Edward J. Mahoney et al., Constituting The Board of Elections of Erie County, Appellants, and Dennis T. Gorski et al., as Candidates for The Democratic National Convention for the 38th Congressional District, Appellants

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

April 2, 1976


Order unanimously affirmed, without costs.

Memorandum:

In this proceeding pursuant to section 330 of the Election Law, the sole contention raised by the appellants, board of elections is that the notarized affidavit of one member of the majority on the committee to fill vacancies is defective because the phrase "sworn to before me this ___ day of ___", which ordinarily appears above the signature of the notary on the certificate of substitution, was missing...

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