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MTR OF STOPPENBACH v. SWEENEY

98 N.Y.2d 431 (2002)

778 N.E.2d 1040

749 N.Y.S.2d 210

In the Matter of FRANZ N. STOPPENBACH, JR., Respondent-Appellant, v. JOHN E. SWEENEY, Appellant-Respondent, et al., Respondents.

Court of Appeals of the State of New York.

Decided August 30, 2002.

Attorney(s) appearing for the Case

Michael A. Avella, Albany, Jeffrey T. Buley and Christopher F. Grimaldi for appellant-respondent.

Paul M. Whitaker, Albany, for respondent-appellant.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur in per curiam opinion; Judge GRAFFEO taking no part.

OPINION OF THE COURT

Per Curiam.

Objector commenced this proceeding challenging the sufficiency of the petition designating John Sweeney as the Independence Party candidate for the House of Representatives for the 20th Congressional District. Supreme Court invalidated the petition, excluding 48 signatures for failure of the signers to accurately designate a town or city, leaving an insufficient number of valid...

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