Matter of Capitano v. Kelly

In Matter of Capitano v. Kelly, 242 AD2d 343 [2d Dept 1997] the Second Department also refused to invalidate a designating petition on the allegation that it failed to comply with Election Law 6-134 (1). There, because of how the local city code set a method to determine term lengths that could not be determined until after the election when the votes were counted, the argument that the petitions failed to comply with the statute lacked merit. The Court further held that since Election Law 6-134 was to be liberally construed, "the omission from the designating petitions of the terms of office is not consequential."