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Breslin v. Sunderland

Citations: 218 A.D.2d 769; 630 N.Y.S.2d 952; 1995 N.Y. App. Div. LEXIS 8873

Court: Appellate Division of the Supreme Court of the State of New York; August 23, 1995; New York; State Appellate Court

Narrative Opinion Summary

The case involves a dispute over the candidacy of an individual seeking the Conservative Party nomination for City Court Judge in a primary election. The initial petition contained 220 signatures, but the Board of Elections invalidated 31, leaving the petitioner short of the required 199 valid signatures. Among these were six signatures deemed invalid because they were from individuals who had signed another candidate's petition, violating Election Law §6-134. The petitioner appealed to the Supreme Court of Westchester County, which erroneously validated 11 of the previously invalidated signatures, including the six contested ones, thereby securing a total of 200 valid signatures. However, upon further appeal, the appellate court reversed this decision, finding that the petitioner did not sufficiently prove the Board of Elections' errors in invalidating the signatures. Consequently, the appellate court denied the petitioner's application, invalidated the nomination petition, and instructed the Board of Elections to remove the petitioner's name from the election ballot. The decision was unanimous among the concurring judges, and no additional arguments from the parties were addressed.

Legal Issues Addressed

Election Law §6-134 - Signature Validity for Nomination Petitions

Application: The appellate court applied the statute to determine that the six signatures were invalid because they belonged to individuals who had signed another candidate's petition.

Reasoning: The invalidation included six signatures from individuals who had signed another candidate's petition, which is prohibited under Election Law §6-134.

Judicial Review of Board of Elections Decisions

Application: The court found that the petitioner failed to provide sufficient evidence to overturn the Board of Elections' invalidation of certain signatures.

Reasoning: The appellate court reversed the Supreme Court's judgment, ruling that Breslin did not sufficiently demonstrate that the Board had erred in its invalidation of the six signatures.

Standard for Validation of Nomination Petitions

Application: The Supreme Court initially erred by validating signatures that should not have been counted, leading to an incorrect total of valid signatures.

Reasoning: The Supreme Court erroneously upheld 11 of them, including the six invalidated signatures, resulting in a total of 200 valid signatures.