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MATTER HERBERT SAAL v. BOARD ELECTIONS FOR COUNTY NASSAU ET AL. (06/09/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


June 9, 1969

IN THE MATTER OF HERBERT SAAL, APPELLANT,
v.
BOARD OF ELECTIONS FOR THE COUNTY OF NASSAU ET AL., AND GEORGE B. COSTIGAN, RESPONDENTS

In a proceeding to validate petitions designating petitioner as a candidate in the Democratic Party Primary Election to be held on June 17, 1969 for nomination for the public office of Supervisor of the City of Long Beach (a request for relief as to petitions designating George B. Costigan as such candidate was withdrawn), petitioner appeals from an order of the Supreme Court, Nassau County, entered June 4, 1969, which denied the application and dismissed the petition in the proceeding.

Hopkins, Benjamin and Martuscello, JJ., concur; Beldock, P. J., and Rabin, J., dissent.

In our opinion, there was substantial compliance with section 135 of the Election Law with respect to the address of the candidate. The omission of the City of Long Beach from the address did not impair the petition inasmuch as the petition clearly showed in other respects that the candidate was a resident of the City of Long Beach (cf. Matter of Rosenbaum v. Power, 43 Misc. 2d 377, affd. 21 A.D.2d 700). In addition, there was an insufficient showing of any fraud with respect to the signatures upon the petition. The court should not have founded its determination that fraud permeated the petition merely by inspecting the signatures on the petition without taking any proof which would indicate that there were any irregularities or fraud in the obtaining of the signatures. Beldock, J. P., and Rabin, J., dissent and vote to affirm the order.

Disposition

Order reversed, on the law and the facts, without costs; and the designating petitions for Herbert Saal are adjudged valid.

19690609

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