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MATTER OF FLANAGAN v. SCHWARTZ

54 A.D.2d 745 (1976)

In the Matter of John J. Flanagan, Appellant, v. Barry J. Schwartz et al., Respondents. (Action No. 1.) (And Two Other Actions.)

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

October 21, 1976

Judgment reversed, on the law, without costs or disbursements, and the petitions are invalidated. The findings of fact are affirmed.

Taken together, subdivisions 3 and 10 of section 138 of the Election Law require the invalidation of signatures on an independent nominating petition where the subscribing witness thereto had previously signed a valid designating petition of another party for the same office (Matter of Goodman v Board of Elections of City of N. Y...

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