section 6-132(2) witness (New York) · Go Syfert
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section 6-132(2) witness in New York

5 New York opinions name it 3 courts 1998–2025 1 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Lerman v. Board Of Elections In The City Of New Yorkgreen
ca2 · 2000 · cited in 2 New York opinions naming this issue, 2001–2017
2 sentences

2017(La Brake.) As the Appellate Division, Third Department clearly stated in the decision which was upheld by the Court of Appeals: “[w]e agree with Supreme Court’s adoption of the reasoning advanced by respondents and employed in Lerman v Board of Elections [ 232 F3d 135 (2d Cir 2000), cert denied 533 US 915 (2001)], and hold that the witness residency requirement in Election Law § 6-132 (2) is unconstitutional on its face.

2001We agree with Supreme Court’s adoption of the reasoning advanced by respondents and employed in Lerman v Board of Elections (supra) and hold that the witness residency requirement in Election Law § 6-132 (2) is unconstitutional on its face.

12
Boniello v. Niagara County Board of Electionsgreen
nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025Thus, the petition is fatally defective. ( Craig v. Borrero , 172 AD3d 1944 , 1945 [4th Dept. 2019]: "The designating petition did not substantially comply with section 6-132 (2) because it failed to include, among other things, any language in the witness statements identifying the party affiliation of the witnesses ( see Matter of Bailey v Power , 12 Misc 2d 105, 106 [Sup Ct, Queens County 1958], affd 6 AD2d 996 [2d Dept 1958]; see generally Matter of Hochhauser v Grinblat , 307 AD2d 1007, 1008 [2d Dept 2003])." See also Boniello v. Niagara County Board of Elections , 131 AD3d 806, 807 [4th

11
Hochhauser v. Grinblatgreen
nyappdiv · 2003 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025Thus, the petition is fatally defective. ( Craig v. Borrero , 172 AD3d 1944 , 1945 [4th Dept. 2019]: "The designating petition did not substantially comply with section 6-132 (2) because it failed to include, among other things, any language in the witness statements identifying the party affiliation of the witnesses ( see Matter of Bailey v Power , 12 Misc 2d 105, 106 [Sup Ct, Queens County 1958], affd 6 AD2d 996 [2d Dept 1958]; see generally Matter of Hochhauser v Grinblat , 307 AD2d 1007, 1008 [2d Dept 2003])." See also Boniello v. Niagara County Board of Elections , 131 AD3d 806, 807 [4th

11
Bailey v. Powergreen
nysupct · 1958 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025Thus, the petition is fatally defective. ( Craig v. Borrero , 172 AD3d 1944 , 1945 [4th Dept. 2019]: "The designating petition did not substantially comply with section 6-132 (2) because it failed to include, among other things, any language in the witness statements identifying the party affiliation of the witnesses ( see Matter of Bailey v Power , 12 Misc 2d 105, 106 [Sup Ct, Queens County 1958], affd 6 AD2d 996 [2d Dept 1958]; see generally Matter of Hochhauser v Grinblat , 307 AD2d 1007, 1008 [2d Dept 2003])." See also Boniello v. Niagara County Board of Elections , 131 AD3d 806, 807 [4th

11
Alamo v. Blackgreen
ny · 1980 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025Thus, the petition is fatally defective. ( Craig v. Borrero , 172 AD3d 1944 , 1945 [4th Dept. 2019]: "The designating petition did not substantially comply with section 6-132 (2) because it failed to include, among other things, any language in the witness statements identifying the party affiliation of the witnesses ( see Matter of Bailey v Power , 12 Misc 2d 105, 106 [Sup Ct, Queens County 1958], affd 6 AD2d 996 [2d Dept 1958]; see generally Matter of Hochhauser v Grinblat , 307 AD2d 1007, 1008 [2d Dept 2003])." See also Boniello v. Niagara County Board of Elections , 131 AD3d 806, 807 [4th

11
O'BRIEN, ERIN J. v. PORDUM, FRANCIS J.green
nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025Thus, the petition is fatally defective. ( Craig v. Borrero , 172 AD3d 1944 , 1945 [4th Dept. 2019]: "The designating petition did not substantially comply with section 6-132 (2) because it failed to include, among other things, any language in the witness statements identifying the party affiliation of the witnesses ( see Matter of Bailey v Power , 12 Misc 2d 105, 106 [Sup Ct, Queens County 1958], affd 6 AD2d 996 [2d Dept 1958]; see generally Matter of Hochhauser v Grinblat , 307 AD2d 1007, 1008 [2d Dept 2003])." See also Boniello v. Niagara County Board of Elections , 131 AD3d 806, 807 [4th

11
Matter of Heburngreen
ny · 1994 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008Moreover, there was testimony at the hearing that the appellant did not personally witness and identify all of the signatures to which she attested as a subscribing witness under Election Law § 6-132 (2) (see Matter of Haskell v Gargiulo, 51 NY2d 747, 748 [1980]; Matter of Flower v D’Apice, 104 AD2d 578 [1984]; Matter of Layden v Gargiulo, 77 AD2d 933, 934 [1980]; accord Matter of Heburn, 84 NY2d 168 [1994]).

11
MATTER OF HASKELL v. Gargiulogreen
ny · 1980 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008Moreover, there was testimony at the hearing that the appellant did not personally witness and identify all of the signatures to which she attested as a subscribing witness under Election Law § 6-132 (2) (see Matter of Haskell v Gargiulo, 51 NY2d 747, 748 [1980]; Matter of Flower v D’Apice, 104 AD2d 578 [1984]; Matter of Layden v Gargiulo, 77 AD2d 933, 934 [1980]; accord Matter of Heburn, 84 NY2d 168 [1994]).

11
Layden v. Gargiulogreen
nyappdiv · 1980 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008Moreover, there was testimony at the hearing that the appellant did not personally witness and identify all of the signatures to which she attested as a subscribing witness under Election Law § 6-132 (2) (see Matter of Haskell v Gargiulo, 51 NY2d 747, 748 [1980]; Matter of Flower v D’Apice, 104 AD2d 578 [1984]; Matter of Layden v Gargiulo, 77 AD2d 933, 934 [1980]; accord Matter of Heburn, 84 NY2d 168 [1994]).

11
Shoemaker v. Longogreen
nyappdiv · 1992 · cited in 1 New York opinions naming this issue, 1998–1998
1 sentence

1998The statement of a subscribing witness pursuant to Election Law § 6-132 (2), particularly that portion setting forth the total number of signatures on a sheet of a designating petition, is “[elssential to the integrity of the petition process” (Matter of Jonas v Velez, 65 NY2d 954 , 955; see, Matter of Shoemaker v Longo, 186 AD2d 979 , lv denied 80 NY2d 755 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Quinlin v. Pierce green
nyappdiv · 1998
1 sentence

2025Similarly, the error in Sheldon v. Bjork ( 142 AD3d 763 , [4th Dept. 2016]) was also inconsequential- the required "witness statements were printed on separate sheets that were stapled to the signature sheets". ( Id .) The statement of a subscribing witness pursuant to Election Law § 6-132 (2) is "[e]ssential to the integrity of the petition process". ( Quinlin v. Pierce , 254 AD2d 690 [4th Dept. 1998]; Jonas v. Velez , 65 NY2d 954 [1985].) The defect herein resulted in a designating petition that did not substantially comply with Election Law § 6-132 (2).

12025–2025
Sheldon v. Bjork green
nyappdiv · 2016
1 sentence

2025Similarly, the error in Sheldon v. Bjork ( 142 AD3d 763 , [4th Dept. 2016]) was also inconsequential- the required "witness statements were printed on separate sheets that were stapled to the signature sheets". ( Id .) The statement of a subscribing witness pursuant to Election Law § 6-132 (2) is "[e]ssential to the integrity of the petition process". ( Quinlin v. Pierce , 254 AD2d 690 [4th Dept. 1998]; Jonas v. Velez , 65 NY2d 954 [1985].) The defect herein resulted in a designating petition that did not substantially comply with Election Law § 6-132 (2).

12025–2025
Bailey v. Power neutral
nyappdiv · 1958
1 sentence

2025Thus, the petition is fatally defective. ( Craig v. Borrero , 172 AD3d 1944 , 1945 [4th Dept. 2019]: "The designating petition did not substantially comply with section 6-132 (2) because it failed to include, among other things, any language in the witness statements identifying the party affiliation of the witnesses ( see Matter of Bailey v Power , 12 Misc 2d 105, 106 [Sup Ct, Queens County 1958], affd 6 AD2d 996 [2d Dept 1958]; see generally Matter of Hochhauser v Grinblat , 307 AD2d 1007, 1008 [2d Dept 2003])." See also Boniello v. Niagara County Board of Elections , 131 AD3d 806, 807 [4th

12025–2025
Matter of Craig v. Borrero neutral
nyappdiv · 2019
1 sentence

2025Thus, the petition is fatally defective. ( Craig v. Borrero , 172 AD3d 1944 , 1945 [4th Dept. 2019]: "The designating petition did not substantially comply with section 6-132 (2) because it failed to include, among other things, any language in the witness statements identifying the party affiliation of the witnesses ( see Matter of Bailey v Power , 12 Misc 2d 105, 106 [Sup Ct, Queens County 1958], affd 6 AD2d 996 [2d Dept 1958]; see generally Matter of Hochhauser v Grinblat , 307 AD2d 1007, 1008 [2d Dept 2003])." See also Boniello v. Niagara County Board of Elections , 131 AD3d 806, 807 [4th

12025–2025
New York State Board of Elections v. Lerman green
scotus · 2001
1 sentence

2017(La Brake.) As the Appellate Division, Third Department clearly stated in the decision which was upheld by the Court of Appeals: “[w]e agree with Supreme Court’s adoption of the reasoning advanced by respondents and employed in Lerman v Board of Elections [ 232 F3d 135 (2d Cir 2000), cert denied 533 US 915 (2001)], and hold that the witness residency requirement in Election Law § 6-132 (2) is unconstitutional on its face.

12017–2017
Flower v. D'Apice green
nyappdiv · 1984
1 sentence

2008Moreover, there was testimony at the hearing that the appellant did not personally witness and identify all of the signatures to which she attested as a subscribing witness under Election Law § 6-132 (2) (see Matter of Haskell v Gargiulo, 51 NY2d 747, 748 [1980]; Matter of Flower v D’Apice, 104 AD2d 578 [1984]; Matter of Layden v Gargiulo, 77 AD2d 933, 934 [1980]; accord Matter of Heburn, 84 NY2d 168 [1994]).

12008–2008

Statutes the citing opinions construe

NY § N.Y. Election Law § 6-132 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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