Matter of Baldeo v. Addabbo

Summary

The Appellate Division, Second Department, affirmed an order denying a petition to invalidate Joseph P. Addabbo, Jr.'s designating petition for the Democratic primary for New York State Senator in the 15th Senatorial District. The court held that the petitioner failed to prove by clear and convincing evidence that Addabbo did not reside at the Ozone Park address listed on the petition.

Holdings

1. An individual having two residences may choose as an Election Law residence the home to which the individual has legitimate, significant, and continuing attachments, provided the individual manifests an intent to reside there, has physical presence there, and the residence is not sham.
2. The designating petition should not be invalidated because Baldeo failed to prove by clear and convincing evidence that Addabbo did not reside at the Ozone Park address listed on the petition.

Questions Presented

1. Whether Addabbo's residence in Ozone Park satisfied the Election Law residence requirement despite his also living at a home in Howard Beach.
2. Whether Baldeo proved by clear and convincing evidence that Addabbo did not reside at the address listed on the designating petition, warranting invalidation of the petition.

Disposition

affirmed