# Schneeberg v. New York State Board of Elections

> New York Court of Appeals · October 9, 1980 · 51 N.Y.2d 814

URL: https://www.frixlaw.com/law-library/cases/5533424

## Case

- **Full name:** In the Matter of Boris Schneeberg v. New York State Board of Elections, and Esther S. Axtell
- **Court:** New York Court of Appeals
- **Decided:** October 9, 1980
- **Citations:** 51 N.Y.2d 814; 433 N.Y.S.2d 101; 412 N.E.2d 1326; 1980 N.Y. LEXIS 2667
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Cooke, Fuchsberg, Gabrielli, Jasen, Jones, Meyer, Wachtler
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5533424

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5533424. Public record. Not legal advice.