| Matter of Liebler v Friedman |
| 2008 NY Slip Op 06733 [54 AD3d 697] |
| September 4, 2008 |
| Appellate Division, Second Department |
| In the Matter of Russel J. Liebler et al.,Appellants, v Ronald Friedman, Respondent, et al.,Respondents. |
—[*1]
In a proceeding pursuant to Election Law § 16-102, inter alia, to invalidate petitionsdesignating Ronald Friedman as a candidate in a primary election to be held on September 9,2008, for the nomination of the Conservative, Working Families, and Independence Parties astheir candidate for the public office of East Fishkill Town Justice, the petitioners appeal from afinal order of the Supreme Court, Dutchess County (Brands, J.), dated August 8, 2008, which,after a hearing, denied the petition and dismissed the proceeding.
Ordered that the final order is affirmed, without costs or disbursements.
The Supreme Court properly validated those signatures which were witnessed by therespondent Ronald Friedman, a notary public, who obtained a statement from each of thesignatories affirming the truth of the matter to which they subscribed their names and therebysubstantially complied with Election Law § 6-132 (3) (see Matter of Brown v SuffolkCounty Bd. of Elections, 264 AD2d 489 [1999]; Matter of Quintyne v Canary, 104AD2d 473 [1984]). Although the signatories were not asked to "swear," the notary publicadministered an oath in a form "calculated to awaken the conscience and impress the mind of theperson taking it in accordance with his religious or ethical beliefs" (CPLR 2309 [b]).Accordingly, the Supreme Court properly denied the petition to invalidate and dismissed theproceeding.
The parties' remaining contentions are without merit. Florio, J.P., Eng, Belen and Chambers,JJ., concur.