MATTER OF DE BRUIN v. McGEE


40 N.Y.2d 909 (1976)

In the Matter of G. David De Bruin, Respondent, v. Mary R. McGee, Appellant, and Everett F. McNab et al., Constituting the Board of Elections of the County of Suffolk, Respondents. (And Two Other Proceedings.)

Court of Appeals of the State of New York.

Decided October 27, 1976.


Attorney(s) appearing for the Case

E. Thomas Boyle for appellants.

Robert A. Lifson for G. David De Bruin respondent.

Howard E. Pachman, County Attorney, for Board of Elections, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The record discloses that there were 1,617 signatures on the designating petition; 1,500 were required under the statute. It was stipulated at Special Term that 77 signatures were invalid. We conclude that another 150 signatures must be invalidated for omission or error with respect to the election district of subscribing witnesses (cf. Matter...

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