Bowen v. Sadowski

Appellate Division of the Supreme Court of New York

Bowen v. Sadowski

64 A.D.2d 879, 408 N.Y.S.2d 773, 1978 N.Y. App. Div. LEXIS 12770

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 28, 1978

StatusPublished

This text of 64 A.D.2d 879 (Bowen v. Sadowski) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bowen v. Sadowski, 64 A.D.2d 879, 408 N.Y.S.2d 773, 1978 N.Y. App. Div. LEXIS 12770 (N.Y. Ct. App. 1978).

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Opinion

—Judgment, Supreme Court, New York County, entered August 24, 1978, to the extent it denied the motion of petitioner Bowen to invalidate the designating petition of Bruce [880]*880McM. Wright, unanimously modified, on the law, to the extent of reinstating the Bowen petition to invalidate on the issue of the line-by-line validity of the signatures on the sheets on which Harriet Rouse was the subscribing witness and on the issue of the accurate arithmetic calculation of invalid signatures found by the referee and remanding the matter for a hearing on these issues to Mr. Justice Max Bloom and, except, as thus modified, the judgment to the extent appealed from is unanimously affirmed, without costs and without disbursements. While we agree with Special Term’s refusal to accept the referee’s recommendation that the Rouse petitions should be disallowed for the reason stated, we find that the record is barren as to whether credit was accorded Bowen for signatures on these petitions which were invalid for other reasons. Moreover, the record reveals an unresolved dispute as to the actual number of invalid signatures found by the referee. Concur—Kupferman, J. P., Silverman, Markewich, Sandler and Sullivan, JJ.

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—Judgment, Supreme Court, New York County, entered August 24, 1978, to the extent it denied the motion of petitioner Bowen to invalidate the designating petition of Bruce [880]*880McM. Wright, unanimously modified, on the law, to the extent of reinstating the Bowen petition to invalidate on the issue of the line-by-line validity of the signatures on the sheets on which Harriet Rouse was the subscribing witness and on the issue of the accurate arithmetic calculation of invalid signatures found by the referee and remanding the matter for a hearing on these issues to Mr. Justice Max Bloom and, except, as thus modified, the judgment to the extent appealed from is unanimously affirmed, without costs and without disbursements. While we agree with Special Term’s refusal to accept the referee’s recommendation that the Rouse petitions should be disallowed for the reason stated, we find that the record is barren as to whether credit was accorded Bowen for signatures on these petitions which were invalid for other reasons. Moreover, the record reveals an unresolved dispute as to the actual number of invalid signatures found by the referee. Concur—Kupferman, J. P., Silverman, Markewich, Sandler and Sullivan, JJ.

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Bluebook (online)

64 A.D.2d 879, 408 N.Y.S.2d 773, 1978 N.Y. App. Div. LEXIS 12770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowen-v-sadowski-nyappdiv-1978.