Home/New York Court of Appeals/Flanagan v. Schwartz

Flanagan v. Schwartz

357 N.E.2d 1012, 40 N.Y.2d 910, 389 N.Y.S.2d 358, 1976 N.Y. LEXIS 3080
CourtNew York Court of Appeals
DecidedOctober 27, 1976
StatusPublished
Cited by5 cases

This text of 357 N.E.2d 1012 (Flanagan v. Schwartz) 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
Flanagan v. Schwartz, 357 N.E.2d 1012, 40 N.Y.2d 910, 389 N.Y.S.2d 358, 1976 N.Y. LEXIS 3080 (N.Y. 1976).

Opinion

Memorandum. The order of the Appellate Division should be affirmed.

The record discloses that there were 1,617 signatures on the designating petition; 1,500 were required under the statute. It was stipulated at Special Term that 75 signatures were invalid. We conclude that another 134 signatures must be invalidated for omission or error with respect to the election or assembly district of subscribing witnesses (Matter of Rutter v Coveney, 38 NY2d 993; cf. Matter of Berry v Dodd, 38 NY2d 995). There accordingly were insufficient signatures to validate the petition. We neither reach nor consider the other issues tendered (see Matter of White v McNab, 40 NY2d 912, decided herewith).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, without costs, in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Higby v. Mahoney
396 N.E.2d 183 (New York Court of Appeals, 1979)
Berger v. Acito
457 F. Supp. 296 (S.D. New York, 1978)
Berger v. Acito
64 A.D.2d 949 (Appellate Division of the Supreme Court of New York, 1978)
Goldstein v. Carlsen
59 A.D.2d 642 (Appellate Division of the Supreme Court of New York, 1977)
Bayne v. Sachs
41 N.Y. 1042 (New York Court of Appeals, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
357 N.E.2d 1012, 40 N.Y.2d 910, 389 N.Y.S.2d 358, 1976 N.Y. LEXIS 3080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flanagan-v-schwartz-ny-1976.