In re Haas

Appellate Division of the Supreme Court of New York

In re Haas

259 A.D. 791, 18 N.Y.S.2d 436, 1940 N.Y. App. Div. LEXIS 6670

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

DecidedMarch 15, 1940

StatusPublished

This text of 259 A.D. 791 (In re Haas) 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

In re Haas, 259 A.D. 791, 18 N.Y.S.2d 436, 1940 N.Y. App. Div. LEXIS 6670 (N.Y. Ct. App. 1940).

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Opinion

Order so far as appealed from affirmed, without costs to this appeal to any party. Memorandum: The designating petitions filed by the respondents, Felix Gukirski, Vincent Januchowski and Harry Johnson, in the office of the village clerk of the village of Sloan and approved [792]*792by the village clerk are not before us. The record contains no proof showing any material defects in said petitions. The reference in the memorandum of the Special Term to certain defects in said petitions is not proof of the facts. Under these circumstances we must presume that the village clerk would not have approved said petitions unless they had been in substantial compliance with applicable provisions of the Election Law. All concur. (The portion of the order appealed from denies petitioner’s prayer that the clerk of the village of Sloan be restrained from filing designating petitions of certain candidates for the office of trustee of the village of Sloan.) Present —• Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.

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Order so far as appealed from affirmed, without costs to this appeal to any party. Memorandum: The designating petitions filed by the respondents, Felix Gukirski, Vincent Januchowski and Harry Johnson, in the office of the village clerk of the village of Sloan and approved [792]*792by the village clerk are not before us. The record contains no proof showing any material defects in said petitions. The reference in the memorandum of the Special Term to certain defects in said petitions is not proof of the facts. Under these circumstances we must presume that the village clerk would not have approved said petitions unless they had been in substantial compliance with applicable provisions of the Election Law. All concur. (The portion of the order appealed from denies petitioner’s prayer that the clerk of the village of Sloan be restrained from filing designating petitions of certain candidates for the office of trustee of the village of Sloan.) Present —• Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.

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Bluebook (online)

259 A.D. 791, 18 N.Y.S.2d 436, 1940 N.Y. App. Div. LEXIS 6670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-haas-nyappdiv-1940.