MTR OF WAGNER v. PREVITE


115 Misc.2d 468 (1982)

In the Matter of Kathleen M. Wagner et al., Petitioners, v. Joseph J. Previte et al., Constituting the Board of Elections of the City of New York, et al., Respondents.

Supreme Court, Special Term, Queens County.

August 30, 1982


Attorney(s) appearing for the Case

Di Tucci & De Bernadine, P. C., for petitioners. Reuss Ruchala & Handler for respondents.


JOSEPH S. CALABRETTA, J.

This is a proceeding brought by petitioners seeking to invalidate various designating petitions. Before the taking of any testimony, the court was presented with a novel issue. It is conceded that the commissioners of deeds used a color of ink other than black in affixing their signatures or official title or both. Petitioners' contention is that the aforesaid act is in contravention of the statute and, therefore, said noncompliance...

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