Higby v. Mahoney, 71 A.D.2d 1047 (N.Y. App. Div. 1979). · Go Syfert
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Higby v. Mahoney, 71 A.D.2d 1047 (N.Y. App. Div. 1979). Cases Citing This Book View Copy Cite
9 citation events (4 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited as authority (rule) Matter of Avella v. Johnson
N.Y. App. Div. · 2016 · confidence medium
Thus, the recourse to the petition as a whole adequately supplies the apparent deficiency” (Matter of Struble v Chiavaroli, 71 AD2d at 1047).
discussed Cited "see, e.g." Hoyer v. Coughlin
N.Y. App. Div. · 1992 · signal: see also · confidence low
There was no showing that petitioner was unable to meet the service requirements and, having failed to effect service in accordance with the provisions of the order to show cause, petitioner failed to acquire personal jurisdiction over respondent (see, supra; see also, Matter of Washington v Mahoney, 71 AD2d 1047 ).
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In the Matter of Paul H. Higby
v.
Edward J. Mahoney, Constituting the Board of Elections of Erie County, and David M. Buyer
Appellate Division of the Supreme Court of the State of New York.
Sep 14, 1979.
71 A.D.2d 1047
Published

—Order unanimously reversed, without costs, and petition dismissed. Memorandum: Petitioner seeks to have his designating petition validated for the position of councilman in the Town of Orchard Park, which is wholly within one assembly district. The election district number was inserted in the statement of each subscribing witness but the number of the assembly district was omitted. For the reasons stated in Matter of Vari v Hayduk (59 AD2d 571) we would affirm; but under constraint of the reversal of that decision (42 NY2d 980) and similar holdings by the Court of Appeals in Matter of Morris v Hayduk (45 NY2d 793) and Matter of Rutter v Coveney (38 NY2d 993) we reverse. (Appeal from order of Erie Supreme Court—Election Law.) Present—Dillon, P. J., Hancock, Jr., Doerr and Witmer, JJ. (Decided Aug. 22, 1979.)