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MATTER OF FERRARO v. McNAB

60 N.Y.2d 601 (1983)

In the Matter of Anthony J. Ferraro, Jr., Appellant, v. Everett F. McNab et al., Constituting the Board of Elections of the County of Suffolk, and John O. Costello et al., Respondents.

Court of Appeals of the State of New York.

Decided August 30, 1983.

Attorney(s) appearing for the Case

Herbert L. Haas for appellant.

Thomas J. Spargo for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Absent a finding that the candidates' designating petition is permeated with fraud, a showing that some signatures were not properly obtained should not result in invalidation of the entire designating petition. Inasmuch as the petition in the present case has sufficient valid signatures, the Appellate Division correctly ordered that...

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