Germain v. Wines

Appellate Division of the Supreme Court of New York

Germain v. Wines

270 A.D. 846, 60 N.Y.S.2d 672, 1946 N.Y. App. Div. LEXIS 4266

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

DecidedMarch 13, 1946

StatusPublished

This text of 270 A.D. 846 (Germain v. Wines) 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

Germain v. Wines, 270 A.D. 846, 60 N.Y.S.2d 672, 1946 N.Y. App. Div. LEXIS 4266 (N.Y. Ct. App. 1946).

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Opinion

Application in first proceeding for a determination as to the nominations of Charles Emerson and others for the offices of mayor and trustees, respectively, of the Incorporated Village of Island Park, as contained in petitions of the Peoples United Party filed in the Office of the Clerk of the Village of Island Park on February 26 and March 5, 1946.

Application in second proceeding for a determination as to the nominations of Charles Emerson and others for the offices of mayor and trustees, respectively, of the Incorporated Village of Island Park, as contained in petitions of the [847]*847Progressive Citizens Party filed in the Office of the Clerk of the Village of Island Park on February 23 and March 5, 1946.

In these two proceedings, orders reversed on the law, without costs, and the applications to strike from the records of the Village Clerk of the Village of Island Park, Nassau County, the independent petitions of the Peoples United Party and the Progressive Citizens Party, nominating candidates for the offices of mayor and trustees, respectively, granted, without costs. The authenticating affidavits of the subscribing witnesses do not comply with the provisions of section 135 of the Election Law. (See Matter of Lyden v. Sullivan, 269 App. Div. 942, 943.) Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.

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Application in first proceeding for a determination as to the nominations of Charles Emerson and others for the offices of mayor and trustees, respectively, of the Incorporated Village of Island Park, as contained in petitions of the Peoples United Party filed in the Office of the Clerk of the Village of Island Park on February 26 and March 5, 1946.

Application in second proceeding for a determination as to the nominations of Charles Emerson and others for the offices of mayor and trustees, respectively, of the Incorporated Village of Island Park, as contained in petitions of the [847]*847Progressive Citizens Party filed in the Office of the Clerk of the Village of Island Park on February 23 and March 5, 1946.

In these two proceedings, orders reversed on the law, without costs, and the applications to strike from the records of the Village Clerk of the Village of Island Park, Nassau County, the independent petitions of the Peoples United Party and the Progressive Citizens Party, nominating candidates for the offices of mayor and trustees, respectively, granted, without costs. The authenticating affidavits of the subscribing witnesses do not comply with the provisions of section 135 of the Election Law. (See Matter of Lyden v. Sullivan, 269 App. Div. 942, 943.) Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.

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Bluebook (online)

270 A.D. 846, 60 N.Y.S.2d 672, 1946 N.Y. App. Div. LEXIS 4266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/germain-v-wines-nyappdiv-1946.

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