Matter of Lerner v. Cohen

New York Court of Appeals

Matter of Lerner v. Cohen

187 N.E. 635, 262 N.Y. 450, 1933 N.Y. LEXIS 969

CourtNew York Court of Appeals

DecidedNovember 2, 1933

StatusPublished

Cited by6 cases

This text of 187 N.E. 635 (Matter of Lerner v. Cohen) 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.

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Matter of Lerner v. Cohen, 187 N.E. 635, 262 N.Y. 450, 1933 N.Y. LEXIS 969 (N.Y. 1933).

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Opinion

Per Curiam.

The candidate was entitled to a credit of twenty-five signatures deducted because the notarial jurat was not dated, since it necessarily appears the oath was taken on October 10, 1933.

The candidate is not entitled to eleven signatures for the reason that the address of the subscribing witness thereto is not described by street number but by reference merely to Assembly district-and election district which is not a compliance with sections 135 and 137 of the Election Law (Cons. Laws, ch. 17).

It follows the petition does not contain the fifteen hundred signatures necessary for an independent party nomination.

The order should be affirmed, without costs.

Pound, Ch. J., Crane, Lehman, Kellogg, O’Brien and Crouch, JJ., concur; Hubbs, J., not sitting.

Order affirmed.

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