MATTER OF RUSSELL v. BD. OF ELECTIONS OF CHAUTAUQUA COUNTY


45 N.Y.2d 800 (1978)

In the Matter of Patricia Russell, Respondent, v. Board of Elections of Chautauqua County, Appellant, and Samuel C. Alessi, Jr., Respondent.

Court of Appeals of the State of New York.

Decided September 1, 1978.


Attorney(s) appearing for the Case

Edwin J. Kuzdale, County Attorney, for appellant.

R. Bard Schaack for petitioner-respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judge COOKE dissents and votes to reverse in a separate opinion in which Chief Judge BREITEL concurs.


MEMORANDUM.

The order is affirmed on the memorandum of the Appellate Division. In doing so, we note that the legislative intent to limit the acceptability of authenticating statements made pursuant to section 6-132 of the Election Law to ones signed by notaries public or commissioners of deeds becomes especially plain when the words of that statute are contrasted with the far broader language of the predecessor statute which...

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