Opinion · New York Court of Appeals

Rutter v. Coveney

38 N.Y.2d 993

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1976-03-30
Topic
litigation

stating that ED, AD requirements are “designed to facilitate the discovery of irregularities or fraud” in petitions | stating that ED, AD requirements are "designed to facilitate the discovery of irregularities or fraud" in petitions

Citator

Cited by
29 opinions

Memorandum. The requirements of subdivision 3 of section 135 of the Election Law are designed to facilitate the discovery of irregularities or fraud in designation petitions. This purpose may only be achieved by mandating uniform and strict compliance with the statutory requirements (Matter of Sciarra v Donnelly, 34 NY2d 970; Gordop v Catania, 34 NY2d 964; Matter of Clune v Hayduk, 34 NY2d 965). To make exceptions, county by county, although seemingly justified in a particular instance, sanctions a practice which in another circumstance could lead to abuses (cf. Matter of Berry v Dodd, 38 NY2d 995, involving Nassau County).