MATTER OF GARDNER v. MAHONEY


123 A.D.2d 520 (1986)

In the Matter of Janice M. Gardner, Respondent, v. Edward J. Mahoney et al., Constituting The Board of Elections of the County of Erie, Appellants, and Michael Reinig et al., Candidates, Respondents

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

September 26, 1986


Order unanimously reversed without costs and petition dismissed.

Memorandum:

A designating petition is not invalid because a candidate uses a familiar form of a proper first name instead of the proper name used on his voter registration form (cf. Election Law § 6-134 [7]). There was sufficient evidence to prove that candidate "Jerry Dalton" was one and the same person as registered voter "Gerald F. Dalton" of the same address. Moreover, there has...

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