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MATTER JAMES T. MOLLOY v. JAMES R. LAWLEY ET AL. (06/11/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT 1969.NY.41983 <http://www.versuslaw.com>; 301 N.Y.S.2d 201; 32 A.D.2d 175 June 11, 1969 IN THE MATTER OF JAMES T. MOLLOY, RESPONDENT,v.JAMES R. LAWLEY ET AL., CONSTITUTING THE BOARD OF ELECTIONS OF ERIE COUNTY, RESPONDENTS, AND BARBARA M. SIMS, APPELLANT. IN THE MATTER OF MICHAEL F. DILLON, RESPONDENT, V. JAMES R. LAWLEY ET AL., CONSTITUTING THE BOARD OF ELECTIONS OF ERIE COUNTY, RESPONDENTS, AND BARBARA M. SIMS, APPELLANT Stoner v. Culligan, Inc., 50 Misc. 2d 638, modified. William Sims for appellant. Flaherty & Shea (Thomas P. Flaherty of counsel), for James T. Molloy and another, respondents. George M. Nelson, County Attorney (Robert E. Casey of counsel), for Board of Elections, respondent. Del Vecchio, J. P., Witmer, Gabrielli, Bastow and Henry, JJ., concur. Author: Per Curiam


Stoner v. Culligan, Inc., 50 Misc. 2d 638, modified.

Del Vecchio, J. P., Witmer, Gabrielli, Bastow and Henry, JJ., concur.

Author: Per Curiam

 Special Term in its amended findings invalidated 113 of the 1,081 signatures determined to be valid by the Board of Elections, thereby reducing the number thereof below the number of 1,000 required to permit appellant's name to be placed on the ballot for the primary election as a candidate for the office of District Attorney of Erie County.

We find that 40 of the signatures so invalidated are in fact valid and that there are a sufficient number of valid signatures on appellant's designating petition to require that her name appear on the ballot to be used in the Democratic Primary Election on June 17, 1969. Moreover, as hereinafter more fully set forth, we conclude that the correct total of valid signatures is 1,300.

Special Term invalidated 13 signatures because the names were written by another person. From the testimony of 9 of the persons whose names were so written it appears that 9 of the names so invalidated were written at the request and in the presence of the persons whose names were so written. The signatures which we find to be valid are those specified in the findings of fact as (a) (c) (d) (f) (g) (h) (i) (j) and (k) of paragraph 1, relating to the designating petition as follows: Name Page Line

Cramer 79 24

Brunson 68 15

McKinnon 22 11

Staton 22 19

Woolwine 90 13

Gray 23 16

Green 17 12

Hutcherson 58 19

Brown 90 22. (Cf. Matter of LeSawyer v. Board of Elections, 207 Misc. 12.) We also find that the signature of Don McCullough was improperly invalidated by Special Term in its finding 2 (A) 3, because it had ...


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