Bristol v. Northrup

Appellate Division of the Supreme Court of New York

Bristol v. Northrup

42 A.D.2d 1027, 349 N.Y.S.2d 348, 1973 N.Y. App. Div. LEXIS 3417

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

DecidedOctober 18, 1973

StatusPublished

Cited by1 cases

This text of 42 A.D.2d 1027 (Bristol v. Northrup) 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.

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Bristol v. Northrup, 42 A.D.2d 1027, 349 N.Y.S.2d 348, 1973 N.Y. App. Div. LEXIS 3417 (N.Y. Ct. App. 1973).

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Opinion

Order unanimously reversed on the law, without costs and application granted to invalidate and declare void respond-dent’s nominating petitions (see Matter of Goodman v. Board of Elections of City of N. T., 40 A D 2d 663, affd. 31 N Y 2d 763; Matter of Eaton v. Monahan, 72 Mise 2d 676). In passing we call to the attention of the Legislature the need to amend the form in subdivision 3 of section 138 of the Election Law to indicate clearly that the “ witness ” must not only be a “ qualified voter of the state ” but one who is also “ qualified to sign the petition.” (Order entered Oct. 17, 1973.) (Appeal from order of Monroe Special Term, directing name to be placed on ballot.) Present— Goldman, P. J., Del Vecchio, Witmer, Moule and Simons, JJ.

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Order unanimously reversed on the law, without costs and application granted to invalidate and declare void respond-dent’s nominating petitions (see Matter of Goodman v. Board of Elections of City of N. T., 40 A D 2d 663, affd. 31 N Y 2d 763; Matter of Eaton v. Monahan, 72 Mise 2d 676). In passing we call to the attention of the Legislature the need to amend the form in subdivision 3 of section 138 of the Election Law to indicate clearly that the “ witness ” must not only be a “ qualified voter of the state ” but one who is also “ qualified to sign the petition.” (Order entered Oct. 17, 1973.) (Appeal from order of Monroe Special Term, directing name to be placed on ballot.) Present— Goldman, P. J., Del Vecchio, Witmer, Moule and Simons, JJ.

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Bluebook (online)

42 A.D.2d 1027, 349 N.Y.S.2d 348, 1973 N.Y. App. Div. LEXIS 3417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bristol-v-northrup-nyappdiv-1973.

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