Felsen v. Silsdorf

Appellate Division of the Supreme Court of New York

Felsen v. Silsdorf

37 A.D.2d 594, 323 N.Y.S.2d 672, 1971 N.Y. App. Div. LEXIS 3844

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

DecidedJune 14, 1971

StatusPublished

This text of 37 A.D.2d 594 (Felsen v. Silsdorf) 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

Felsen v. Silsdorf, 37 A.D.2d 594, 323 N.Y.S.2d 672, 1971 N.Y. App. Div. LEXIS 3844 (N.Y. Ct. App. 1971).

Pincite

Opinion

In a proceeding to validate petitions nominating petitioner as a candidate in the Incorporated Village of Ocean Beach Election to be held on June 15, 1971 for the public office of trustee of said village, the appeal is from a judgment of the Supreme Court, Suffolk County, entered June 10, 1971, which directed appellant Village Clerk to receive and accept said nominating petitions as filed on behalf of petitioner. Judgment reversed, on the law and the facts, without costs, and proceeding dismissed, without costs. In our opinion, there was an insufficient number of qualified signatories to the independent nominating petition of petitioner for the office of trustee of the village, the requirement being that the signatures shall be of qualified voters who were registered to vote at the last preceding general election (Election Law, § 138, subd. 1). Furthermore, the acceptance by the petitioner of the nomination was not timely filed (Election Law, § 143, subd. 9, par. b). Rabin, P. J., Martuscello, Latham, Shapiro and Benjamin, JJ., concur.

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In a proceeding to validate petitions nominating petitioner as a candidate in the Incorporated Village of Ocean Beach Election to be held on June 15, 1971 for the public office of trustee of said village, the appeal is from a judgment of the Supreme Court, Suffolk County, entered June 10, 1971, which directed appellant Village Clerk to receive and accept said nominating petitions as filed on behalf of petitioner. Judgment reversed, on the law and the facts, without costs, and proceeding dismissed, without costs. In our opinion, there was an insufficient number of qualified signatories to the independent nominating petition of petitioner for the office of trustee of the village, the requirement being that the signatures shall be of qualified voters who were registered to vote at the last preceding general election (Election Law, § 138, subd. 1). Furthermore, the acceptance by the petitioner of the nomination was not timely filed (Election Law, § 143, subd. 9, par. b). Rabin, P. J., Martuscello, Latham, Shapiro and Benjamin, JJ., concur.

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Bluebook (online)

37 A.D.2d 594, 323 N.Y.S.2d 672, 1971 N.Y. App. Div. LEXIS 3844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felsen-v-silsdorf-nyappdiv-1971.