MEMORANDUM AND ORDER
SUPREME COURT OF THE STATE OF NEW YORK: Appellate Division, Fourth Judicial Department
IN THE MATTER OF PENELOPE J. MARCHIONDA,
TODD J. CASELLA, CANDIDATE, YATES COUNTY BOARD
OF ELECTIONS, AND ROBERT F. BRECHKO AND AMY J.
DAINES, COMMISSIONERS CONSTITUTING THE BOARD OF
Appeal from an order of the Supreme Court, Yates County (John J.
Ark, J.), entered August 17, 2017 in a proceeding pursuant to the
Election Law. The order denied the petition, validated the
designating petition of respondent Todd J. Casella and directed
respondent Yates County Board of Elections to place respondent Todd J.
Casella’s name on the ballot as a candidate for the office of District
Attorney of Yates County for the Republican Party primary on September
It is hereby ORDERED that the order so appealed from is
unanimously reversed on the law without costs, the petition is
granted, the designating petition is invalidated, and respondent Yates
County Board of Elections is directed to remove respondent Todd J.
Casella’s name from the ballot as a candidate in the Republican Party
for the office of District Attorney of Yates County, to be held on September 12, 2017....
we conclude that Supreme Court erred in denying
the petition, validating the designating petition, and ordering that
the Board place Casella’s name on the ballot as a candidate for the
District Attorney of Yates County in the Republican Party primary
election (see Matter of Eisenberg v Strasser, 100 NY2d 590, 591;
Matter of Fernandez v Monegro, 10 AD3d 429, 430). We agree with
Marchionda that she established that Casella did not reside at the
address that he listed as his residence on his designating petition
evidence adduced at the hearing established that Casella had moved
from the address listed on his designating petition months prior to
the petition’s circulation....
we reject Marchionda’s contention that Casella’s
designating petitions for the Independence Party and the Reform Party
must be invalidated because he failed to designate himself as either a
notary public or commissioner of deeds when he notarized various
sheets of those petitions. The failure of Casella to identify himself
as such “constituted a mere technical defectEntered: August 23, 2017
PRESENT: CENTRA, J.P., NEMOYER, TROUTMAN, AND WINSLOW, JJ.