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GRABER v. MAHONEY

143 A.D.2d 502 (1988)

Kenneth E. Graber, Respondent, v. Edward J. Mahoney et al., Constituting The Erie County Board of Elections, Respondents, and John V. Rogowski, as Candidate of The Republican Party for the Public Office of County Court Judge in the County of Erie, Appellant

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

September 27, 1988

Order unanimously reversed without costs, petition dismissed and designating petition validated.

Memorandum:

Absent any allegation of fraud, falsification, or undue influence, the failure of a notary public to administer a formal oath to a party signing a designating petition is insufficient to overcome the presumption of regularity (see, Matter of La Mendola v Mahoney, 49 A.D.2d 798...

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