# Baldeo v. Board of Elections

> Appellate Division of the Supreme Court of the State of New York · August 24, 2005 · 21 A.D.3d 570

URL: https://www.frixlaw.com/law-library/cases/5687972

## Case

- **Full name:** In the Matter of Albert Baldeo v. Board of Elections of City of New York, and Dhanpaul Narine
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** August 24, 2005
- **Citations:** 21 A.D.3d 570; 799 N.Y.S.2d 921
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 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/5687972

## Opinion text

In a proceeding pursuant to Election Law § 16-102, inter alia, to invalidate a petition designating Dhanpaul Narine as a candidate in a primary election to be held on September 13, 2005, for the nomination of the Democratic Party as its candidate for the public office of Member of the New York City Council, 28th Council District, Dhanpaul Narine appeals from a final order of the Supreme Court, Queens County (Dollard, J.), dated August 12, 2005, which granted the petition and invalidated the designating petition.
Ordered that the final order is reversed, on the law, without costs or disbursements, the petition is denied, the proceeding is dismissed, and the Board of Elections of the City of New York is directed to place the name of Dhanpaul Narine on the appropriate ballot.
The petitioners failed to sustain their burden of proof of demonstrating by clear and convincing evidence that the address listed in the statement of the challenged subscribing witness in the designating petition was no longer his “residence” at the time he signed the statement (Election Law § 6-132; see Matter of Fernandez v Monegro, 10 AD3d 429, 430 [2004]; Matter of Boyland v Board of Elections of City of N.Y., 104 AD2d 463 [1984]). H. Miller, J.P., Cozier, Crane and Rivera, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5687972. Public record. Not legal advice.