Filosofos v. Smolinski

Appellate Division of the Supreme Court of New York

Filosofos v. Smolinski

133 A.D.2d 517, 520 N.Y.S.2d 88, 1987 N.Y. App. Div. LEXIS 49979

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

DecidedSeptember 30, 1987

StatusPublished

This text of 133 A.D.2d 517 (Filosofos v. Smolinski) 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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Filosofos v. Smolinski, 133 A.D.2d 517, 520 N.Y.S.2d 88, 1987 N.Y. App. Div. LEXIS 49979 (N.Y. Ct. App. 1987).

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Opinion

Order unanimously affirmed without costs, in accordance with the following memorandum: In this proceeding to invalidate the designating petition of respondents, petitioner appeals, raising the objection that the Commissioner of Deeds for the City of Buffalo, who acknowledged some of the signatures on the petition, had no power to act in the Town of Grand Island, Erie County. We affirm. We agree with Supreme Court that, under the Charter of the City of Buffalo, a Commissioner of Deeds for the city may act anywhere within the County of Erie, notwithstanding Executive Law § 142 (see, Reynolds v City of Niagara Falls, 81 Hun 353, 356-357; McKinney’s Cons Laws of NY, Book 1, Statutes § 396). (Appeal from order of Supreme Court, Erie County, Kane, J.—Election Law.) Present—Doerr, J. P., Denman, Boomer, Balio and Davis, JJ. (Order entered Aug. 21, 1987.)

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Order unanimously affirmed without costs, in accordance with the following memorandum: In this proceeding to invalidate the designating petition of respondents, petitioner appeals, raising the objection that the Commissioner of Deeds for the City of Buffalo, who acknowledged some of the signatures on the petition, had no power to act in the Town of Grand Island, Erie County. We affirm. We agree with Supreme Court that, under the Charter of the City of Buffalo, a Commissioner of Deeds for the city may act anywhere within the County of Erie, notwithstanding Executive Law § 142 (see, Reynolds v City of Niagara Falls, 81 Hun 353, 356-357; McKinney’s Cons Laws of NY, Book 1, Statutes § 396). (Appeal from order of Supreme Court, Erie County, Kane, J.—Election Law.) Present—Doerr, J. P., Denman, Boomer, Balio and Davis, JJ. (Order entered Aug. 21, 1987.)

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Bluebook (online)

133 A.D.2d 517, 520 N.Y.S.2d 88, 1987 N.Y. App. Div. LEXIS 49979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/filosofos-v-smolinski-nyappdiv-1987.

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