General
In the Matter of Thomas S. Parker et al., Respondents, v. V. James Chiavaroli et al., Constituting the Board of Elections of the County of Monroe, Appellants, and Ken Moore, Respondent
72 A.D.2d 666·New York Supreme Court, Appellate Division·1979·NY
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Opinion
In the Matter of Thomas S. Parker et al., Respondents, v V. James Chiavaroli et al., Constituting the Board of Elections of the County of Monroe, Appellants, and Ken Moore, Respondent.
[MAJORITY]
Order unanimously reversed, without costs, and petition dismissed. Memorandum: The subscribing witness to the independent nominating petition incorrectly listed the town of his residence as required by subdivision 1 of section 6-140 of the Election Law. We reverse on the authority of Matter of Higby v Mahoney (48 NY2d 15) and Matter of Vari v Hayduk (42 NY2d 980). (Appeal from order of Monroe Supreme Court—Election Law.) Present—Dillon, P. J., Hancock, Jr., Schnepp, Callahan and Doerr, JJ. (Decided Oct. 12, 1979.)