MATTER OF CAIRO v. HARWOOD, CASO, 42 N.Y.2d 1098 (1977)

399 N.Y.S.2d 653, 369 N.E.2d 1186

In the Matter of JOSEPH G. CAIRO, JR., Appellant, v. STANLEY HARWOOD et al., Constituting the Board of Elections of the County of Nassau, and RALPH G. CASO, Respondents. (And Another Proceeding.)

Court of Appeals of the State of New York.Submitted October 14, 1977
Decided October 19, 1977

Page 1099

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, WILLIAM J. SULLIVAN, J.

Joseph G. Cairo, Jr., pro se, John P. Clearly and Paul Macielak for Joseph G. Cairo, Jr., appellant.

Aldo J. Caperna for Ralph G. Caso, respondent.

MEMORANDUM. The order of the Appellate Division is affirmed, without costs.

The requirement of section 138 (subd 2) of the Election Law that sheets of an independent nominating petition shall be in substantial compliance with the form set forth in that section, has been met. While strict compliance with the section would eliminate extensive litigation, it should be noted that this case does not involve either an omission of required information (cf Matter of Vari v Hayduk, 42 N.Y.2d 980) or an omission of the declaration of support and nomination (cf. Matter of Christiana, 120 Misc. 423).

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur in memorandum; Judge WACHTLER taking no part.

Order affirmed.

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399 N.Y.S.2d 653, 369 N.E.2d 1186

In the Matter of JOSEPH G. CAIRO, JR., Appellant, v. STANLEY HARWOOD et al., Constituting the Board of Elections of the County of Nassau, and RALPH G. CASO, Respondents. (And Another Proceeding.)

Court of Appeals of the State of New York.Submitted October 14, 1977
Decided October 19, 1977

Page 1099

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, WILLIAM J. SULLIVAN, J.

Joseph G. Cairo, Jr., pro se, John P. Clearly and Paul Macielak for Joseph G. Cairo, Jr., appellant.

Aldo J. Caperna for Ralph G. Caso, respondent.

MEMORANDUM. The order of the Appellate Division is affirmed, without costs.

The requirement of section 138 (subd 2) of the Election Law that sheets of an independent nominating petition shall be in substantial compliance with the form set forth in that section, has been met. While strict compliance with the section would eliminate extensive litigation, it should be noted that this case does not involve either an omission of required information (cf Matter of Vari v Hayduk, 42 N.Y.2d 980) or an omission of the declaration of support and nomination (cf. Matter of Christiana, 120 Misc. 423).

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur in memorandum; Judge WACHTLER taking no part.

Order affirmed.

Page 1100

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