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MATTER OF MORGAN v. JENKINS

208 A.D.2d 732 (1994)

617 N.Y.S.2d 516

In the Matter of Nathaniel E. Morgan et al., Respondents, v. Cynthia Jenkins, Appellant, and Board of Elections of the City of New York, Respondent

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

October 17, 1994

Ordered that the judgment is affirmed, without costs or disbursements.

The issue on this appeal is whether the Election Law requires the invalidation of signatures on a nominating petition when the subscribing witness incorrectly states the election district in which he or she resides. It is well settled that an incorrect statement of the assembly or election district of a signatory or subscribing witness on a nominating petition is a fatal defect (see, Election...

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