# Smith v. Mahoney

> New York Court of Appeals · August 30, 1983 · 60 N.Y.2d 596

URL: https://www.frixlaw.com/law-library/cases/5535823

## Case

- **Full name:** In the Matter of John H. Smith v. Edward J. Mahoney, Constituting the Board of Elections of the County of Erie
- **Court:** New York Court of Appeals
- **Decided:** August 30, 1983
- **Citations:** 60 N.Y.2d 596; 467 N.Y.S.2d 191; 454 N.E.2d 531; 1983 N.Y. LEXIS 3307
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 15 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/5535823

## Opinion text

OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, without costs.
Petitioner submitted a designating petition with a cover sheet that omitted the title of the office for which he was running. This information is required by statute (Election Law, § 6-134, subd 2), with which there must be strict compliance (see Matter of Hutson v Bass, 54 NY2d 772, 773-774 ). Petitioner’s failure to include the necessary information is not excused by the fact that the form he used was supplied by the local board of elections. That body is not empowered to authorize, implicitly or explicitly, noncompliance with the strictures set forth by the Legislature in section 6-134.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur.
Order affirmed, without costs, in a memorandum.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5535823. Public record. Not legal advice.