Amelio v. D'Apice

New York Court of Appeals

Amelio v. D'Apice

457 N.E.2d 797, 60 N.Y.2d 819, 469 N.Y.S.2d 691, 1983 N.Y. LEXIS 3497

CourtNew York Court of Appeals

DecidedOctober 28, 1983

StatusPublished

Cited by2 cases

This text of 457 N.E.2d 797 (Amelio v. D'Apice) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Amelio v. D'Apice, 457 N.E.2d 797, 60 N.Y.2d 819, 469 N.Y.S.2d 691, 1983 N.Y. LEXIS 3497 (N.Y. 1983).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The judgment appealed from and order of the Appellate Division brought up for review should be reversed, without costs, and the case remitted to that court so that it may reconsider the matter and may exercise its own discretion.

[821]*821The Appellate Division erred in holding, as a matter of law, that Special Term was in error in refusing to accept the amended petition, which raised an issue of fact as to the validity of the signature of the subscribing witness to pages 27 and 30 of the nominating petition.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

Judgment appealed from and order of the Appellate Division brought up for review reversed, without costs, and case remitted to the Appellate Division, Second Department, for further proceedings in accordance with the memorandum herein.

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