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MATTER OF NAPIER v. SALERNO

74 A.D.2d 960 (1980)

In the Matter of Donald A. Napier, Appellant, v. George D. Salerno et al., Constituting The State Board of Elections, et al., Respondents

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

March 14, 1980

There must be an affirmance. When a notary public or commissioner of deeds signs a designating petition pursuant to section 6-132 of the Election Law, his signature and statements enjoy a presumption of regularity (Matter of Rittersporn v Sadowski, 48 N.Y.2d 618). Assuming the affidavits of 30 individuals, whose signatures were taken by the witness Hunter, stating that they were not sworn when their signatures were taken, are sufficient...

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