Opinion

Schneeberg v. New York State Board of Elections

51 N.Y.2d 814
433 N.Y.S.2d 101
412 N.E.2d 1326
1980 N.Y. LEXIS 2667

Court: New York Court of Appeals
Filed: Oct 9, 1980
Status: Published
On the bench: Cooke, Fuchsberg, Gabrielli, Jasen, Jones, Meyer, Wachtler
Cited by: 6 cases
Authority: More cited than 60.1%

The opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, and the judgment of Special Term dismissing the proceeding reinstated.

. The proceeding seeks validation of the petition designating Matthew F. McHugh as Liberal Party candidate for Congress in the 27 th Congressional District. No question as to the timeliness of the proceeding has been raised. Petitioners’ attorney conceded on argument, however, that the petition was in fact invalid. Inasmuch as a petition to validate searches the record, and petitioners cannot establish the validity of the nominating petition, the proceeding must be dismissed.

*816 Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order reversed, without costs, and the judgment of Supreme Court, Albany County, reinstated in a memorandum.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.