# Rivera v. Erie County Board of Elections

> Appellate Division of the Supreme Court of the State of New York · August 23, 1990 · 164 A.D.2d 976

URL: https://www.frixlaw.com/law-library/cases/5928485

## Case

- **Full name:** In the Matter of David A. Rivera v. Erie County Board of Elections, and City of Buffalo
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** August 23, 1990
- **Citations:** 164 A.D.2d 976
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 4 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/5928485

## Opinion text

Order unanimously reversed on the law without costs, petition dismissed, and designating petition invalidated. Memorandum: Article 2-A of the Charter of the City of Buffalo requires that candidates for seats on the Buffalo Common Council reside in the district in which they *977 run for at least one year prior to the election. Supreme Court erroneously found that the one-year requirement could be satisfied by residency in the district for any one-year period during the candidate’s lifetime. We should not attribute to the City Counsel such an absurd intent. It is obvious that the council intended that the one-year period immediately precede the date of the election (see, McKinney’s Cons Laws of NY, Book 1, Statutes § 145).
Further, we conclude that the one-year residency requirement is constitutional (see, Joseph v City of Birmingham, 510 F Supp 1319 ; Annotation, Validity of Requirement that Candidate or Public Officer have been Resident of Governmental Unit for Specified Period, 65 ALR3d 1048, § 22, at 1091-1093). (Appeal from order of Supreme Court, Erie County, Sedita, J. —Election Law.) Present—Callahan, J. P., Boomer, Balio, Davis and Lowery, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5928485. Public record. Not legal advice.