Rothstein v. Healey

Appellate Division of the Supreme Court of New York

Rothstein v. Healey

23 A.D.2d 758, 258 N.Y.S.2d 676, 1965 N.Y. App. Div. LEXIS 4515

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

DecidedApril 5, 1965

StatusPublished

Cited by7 cases

This text of 23 A.D.2d 758 (Rothstein v. Healey) 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

Rothstein v. Healey, 23 A.D.2d 758, 258 N.Y.S.2d 676, 1965 N.Y. App. Div. LEXIS 4515 (N.Y. Ct. App. 1965).

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Opinion

In a proceeding under article 78 of the CPLR to review the determination of the clerk of the City of Glen Cove, dated September 30, 1964, invalidating a petition for permissive referendum filed pursuant to statute (Municipal Plome Rule Law, § 24), the said clerk appeals from an -order of the Supreme Court, Nassau County, entered January 5, 1965, which: (1) granted the petition to review her determination; (2) annulled the determination; (3) declared the petition for the permissive referendum to be valid and sufficient; and (4) directed her to certify the petition accordingly. Order affirmed, without costs. In our opinion, the authentication of the witness on a sheet appended to each signature sheet rather than at the bottom of such signature sheet is not such a substantial deviation from the statutory requirement as to invalidate the petition (cf. Matter of Potash v. MoWk, ,17 A D 2d 111). Beldoek, P. J., Ug’hetta, Hill, Rabin and Benjamin, JJ., concur.

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In a proceeding under article 78 of the CPLR to review the determination of the clerk of the City of Glen Cove, dated September 30, 1964, invalidating a petition for permissive referendum filed pursuant to statute (Municipal Plome Rule Law, § 24), the said clerk appeals from an -order of the Supreme Court, Nassau County, entered January 5, 1965, which: (1) granted the petition to review her determination; (2) annulled the determination; (3) declared the petition for the permissive referendum to be valid and sufficient; and (4) directed her to certify the petition accordingly. Order affirmed, without costs. In our opinion, the authentication of the witness on a sheet appended to each signature sheet rather than at the bottom of such signature sheet is not such a substantial deviation from the statutory requirement as to invalidate the petition (cf. Matter of Potash v. MoWk, ,17 A D 2d 111). Beldoek, P. J., Ug’hetta, Hill, Rabin and Benjamin, JJ., concur.

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Bluebook (online)

23 A.D.2d 758, 258 N.Y.S.2d 676, 1965 N.Y. App. Div. LEXIS 4515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rothstein-v-healey-nyappdiv-1965.

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