MATTER OF HOARE v. DAVIS


207 A.D.2d 309 (1994)

616 N.Y.S.2d 27

In the Matter of Thomas Hoare, Respondent, v. Albert Davis et al., Appellants In the Matter of Albert Davis et al., Appellants, v. Seymour Sheldon et al., Constituting The Board of Elections in the City of New York, et al., Respondents

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

August 24, 1994


The petitions show that the witness, Pauline Fernandez, resided at 17 East 128th Street, while certain sheets containing 71 signatures designated her residence as 11 East 128th Street. The subscribing witness testified that when she signed the petition she did not notice the error. It is apparent that the error is a clerical mistake which should not invalidate the signatures appearing on the petition. Obviously, there was no attempt to deceive or other evidence of fraud....

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