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MATTER OF SCHALLER v. McNAB

16 N.Y.2d 976 (1965)

In the Matter of Barbara H. Schaller, Respondent, v. Everett F. McNab et al., Constituting the Board of Elections of Suffolk County, Respondents, and Clement J. Gaertner, Jr., Appellant.

Court of Appeals of the State of New York.

Decided October 28, 1965.

Attorney(s) appearing for the Case

William F. X. Klan and William F. Lauro for appellant.

Richard Cahn for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, SCILEPPI and BERGAN. Taking no part: Judge BURKE.

Order of Appellate Division reversed and judgment of Special Term reinstated, without costs. In the first place, the evidence supports the finding of Special Term that the nominating petition was properly authenticated as required by law (Election Law, § 135; see Matter of Kaplan [Greenman], 294 N.Y. 584). In the second place, not only was there no charge that any signature had been forged, but, as both courts found below, a sufficient number of the signatures...

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