# MATTER OF PLUNKETT v. Mahoney

> New York Court of Appeals · August 30, 1990 · 76 N.Y.2d 848

URL: https://www.frixlaw.com/law-library/cases/9788126

## Case

- **Full name:** In the Matter of John M. Plunkett, Appellant-Respondent, v. Edward J. Mahoney Et Al., Constituting the Board of Elections of the County of Erie, Respondents, and Vincent J. Sorrentino, as Chairman of the Erie County Democratic Party, Et Al., Respondents-Appellants
- **Court:** New York Court of Appeals
- **Decided:** August 30, 1990
- **Citations:** 76 N.Y.2d 848
- **Precedential status:** Published
- **Opinion:** Dissent by Hancock
- **Judges:** Hancock
- **Cited by:** 17 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/9788126

## Opinion text

Hancock, Jr., J.
(dissenting in part). I would affirm essentially for the reasons stated by the majority at the Appellate Division.
In my view, the three-day delay in filing the certification of authorization (Election Law § 6-120 [3]) is clearly a "technical defect” of the type which falls within the exception established in Matter of Harden v Board of Elections ( 74 NY2d 796 ). The result reached by the majority effectively abolishes the equitable remedy fashioned in Matter of Hunting v Power ( 20 NY2d 680 ) which the court recently acknowledged was "designed to give effect to the intention manifested by qualified party members to nominate some candidate, where that intention would otherwise be thwarted by the presence of technical, but fatal defects in designating petitions, leaving the political party without a designated candidate for a given office.” (Matter of Harden v Board of Elections, supra, at 797.) It is undisputed here that the electorate has manifested its desire to nominate some candidate. (Cf., Matter of Walker v Salerno, 89 AD2d 1031 , affd on opn below 57 NY2d 739 .)
Order modified, etc.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9788126. Public record. Not legal advice.