# O'Donovan v. Board of Elections

> Appellate Division of the Supreme Court of the State of New York · September 5, 1991 · 176 A.D.2d 229

URL: https://www.frixlaw.com/law-library/cases/5940322

## Case

- **Full name:** In the Matter of Jerome X. O'Donovan v. Board of Elections of the City of New York, and Thomas Pastore
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** September 5, 1991
- **Citations:** 176 A.D.2d 229; 574 N.Y.S.2d 56; 1991 N.Y. App. Div. LEXIS 11482
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 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/5940322

## Opinion text

— In a proceeding to invalidate a petition designating Thomas Pastore as a candidate in the Democratic Party primary election to be held on September 12, 1991, for the nomination of that party as its candidate for the public office of Member of the New York City Council for the 49th Councilmanic District, the appeal is from a judgment of the Supreme Court, Richmond County (Leone, J.), dated August 27, 1991, which, after a hearing, granted the application.
Ordered that the judgment is reversed, on the law, without costs or disbursements, the proceeding is dismissed, and the Board of Elections of the City of New York is directed to restore the name of Thomas Pastore to the appropriate ballot.
While the record does indicate that “politically prominent” Republicans aided the appellant in connection with his designating petition by picking up blank petition sheets from the printer, recruiting registered Democrats to circulate some of the petition sheets, and reviewing and copying the completed petition before it was filed, those actions were not sufficient to *230 demonstrate that the petition was permeated with fraud. Harwood, J. P., Lawrence, Eiber and Balletta, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5940322. Public record. Not legal advice.