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DiPIETRO v. NYS. BD. ELECTIONS

2010-9997.

30 Misc.3d 449 (2010)

911 N.Y.S.2d 762

In the Matter of DAVID J. DiPIETRO, Petitioner, v. NEW YORK STATE BOARD OF ELECTIONS et al., Respondents.

Supreme Court, Erie County.

Decided September 27, 2010.

Attorney(s) appearing for the Case

James Ostrowski and Peter Reese for petitioner. William J. McCann, Jr. , for New York State Board of Elections, respondent. John P. Gaughan for James Domagalski, respondent. David L. Lewis for Patrick M. Gallivan, respondent. John R. Drexelius for Robin L. Sion, respondent.

OPINION OF THE COURT

TIMOTHY J. DRURY, J.

David J. DiPietro submitted a petition for the independent nomination for the Tea Party for the office of the New York State Senate for the 59th District. Three thousand valid signatures were required by statute to qualify to be on the ballot. The New York State Board of Elections (the Board) first found that, of the 4,675 signatures submitted, 2,098 were invalid, leaving a total of 2,577 valid signatures. Therefore...

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