Narrative Opinion Summary
Order unanimously affirmed without costs. Judicial notice is taken that the petitioner is ineligible to assume the desired office, referencing the prior decision in Ernewein v Pordum, 96 AD2d 1014. The court agrees with Special Term’s conclusion that the Board of Elections correctly rejected the petitioner’s nominating petition. The appeal originates from an order of the Supreme Court, Erie County, presided over by Judge Francis, concerning Election Law 16-102. The order was entered on October 26, 1983, with judges Hancock Jr., Callahan, Doerr, Denman, and Moule present.
Legal Issues Addressed
Appeal under Election Lawsubscribe to see similar legal issues
Application: The appeal was made concerning an order related to Election Law 16-102, highlighting the procedural context of the case.
Reasoning: The appeal originates from an order of the Supreme Court, Erie County, presided over by Judge Francis, concerning Election Law 16-102.
Correct Rejection of Nominating Petitionsubscribe to see similar legal issues
Application: The court agreed with Special Term’s conclusion that the Board of Elections properly rejected the petitioner’s nominating petition.
Reasoning: The court agrees with Special Term’s conclusion that the Board of Elections correctly rejected the petitioner’s nominating petition.
Judicial Notice of Ineligibilitysubscribe to see similar legal issues
Application: The court took judicial notice of the petitioner's ineligibility to assume the desired office based on a prior decision.
Reasoning: Judicial notice is taken that the petitioner is ineligible to assume the desired office, referencing the prior decision in Ernewein v Pordum, 96 AD2d 1014.