Gallagher v. McNab

New York Court of Appeals

Gallagher v. McNab

368 N.E.2d 34, 42 N.Y.2d 988, 398 N.Y.S.2d 412, 1977 N.Y. LEXIS 2311

DecidedAugust 31, 1977

StatusPublished

This text of 368 N.E.2d 34 (Gallagher v. McNab) 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

Gallagher v. McNab, 368 N.E.2d 34, 42 N.Y.2d 988, 398 N.Y.S.2d 412, 1977 N.Y. LEXIS 2311 (N.Y. 1977).

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Opinion

Memorandum. The orders of the Appellate Division should be reversed.

It is clear from the statute (Election Law, § 136, subd 6, par [j]) that if the political subdivision in question, here the town, [989]*989is entirely within a senatorial district that the number of signatures required need not exceed the requirement for the senatorial district. That requirement is for 1,000 signatures (Election Law, § 136, subd 6, par [h]) and, as each of the appellants had more than that amount, both of the designating petitions were properly accepted and filed by the Board of Elections. In Matter of Stoller v Ackerson (30 NY2d 877) there was no contention raised or tender of evidence made on the issue here relevant.

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

In each case: Order reversed, without costs, and the judgment of Supreme Court, Suffolk County, reinstated in a memorandum.

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Memorandum. The orders of the Appellate Division should be reversed.

It is clear from the statute (Election Law, § 136, subd 6, par [j]) that if the political subdivision in question, here the town, [989]*989is entirely within a senatorial district that the number of signatures required need not exceed the requirement for the senatorial district. That requirement is for 1,000 signatures (Election Law, § 136, subd 6, par [h]) and, as each of the appellants had more than that amount, both of the designating petitions were properly accepted and filed by the Board of Elections. In Matter of Stoller v Ackerson (30 NY2d 877) there was no contention raised or tender of evidence made on the issue here relevant.

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

In each case: Order reversed, without costs, and the judgment of Supreme Court, Suffolk County, reinstated in a memorandum.

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Bluebook (online)

368 N.E.2d 34, 42 N.Y.2d 988, 398 N.Y.S.2d 412, 1977 N.Y. LEXIS 2311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallagher-v-mcnab-ny-1977.

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