In re Gulotta
This text of 95 N.Y.S. 616 (In re Gulotta) 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.
Opinion
The order denying the motion to review the decision of the board of elections in rejecting the certificate of nomination, and affirming the action of the election board, should be affirmed. The assembly and aldermanie districts are coterminous. The statute requires that a certificate for an independent nomination of a member of assembly shall be subscribed and verified by at least 500 electors of the district. By analogy the same rule should apply to the requisite number to constitute a valid independent nomination for the office of alderman. In this proceeding the certificate filed shows 951 signatures. The affidavits presented before the election board show that 465 of these signatures should not be counted.
The order should therefore be affirmed.
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Cite This Page — Counsel Stack
95 N.Y.S. 616, 108 A.D. 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gulotta-nyappdiv-1905.