Signorelli v. Feuer

Appellate Division of the Supreme Court of New York

Signorelli v. Feuer

57 A.D.2d 601, 393 N.Y.S.2d 684, 1977 N.Y. App. Div. LEXIS 11606

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

DecidedApril 21, 1977

StatusPublished

This text of 57 A.D.2d 601 (Signorelli v. Feuer) 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

Signorelli v. Feuer, 57 A.D.2d 601, 393 N.Y.S.2d 684, 1977 N.Y. App. Div. LEXIS 11606 (N.Y. Ct. App. 1977).

Pincite

Opinion

In a proceeding to validate petitions designating petitioner as a candidate in the election to be held on May 3, 1977, for the public position of Member of the New York City Community School Board, District 32, the appeal is from a judgment of the Supreme Court, Kings County, dated April 16, 1977, which, after a hearing, granted the application and directed the board of elections to place petitioner’s name upon the appropriate ballot. Judgment reversed, on the law and facts, without costs or disbursements, and proceeding remanded to Special Term for further proceedings in accordance herewith. We remand for a further hearing at which two of the subscribing witnesses, Calandra and Lanza, shall be produced and examined. It was error for Special Term to rule on the validity of the signatures without their testimony, since they had been subpoenaed by appellant (see Matter of Haas v Costigan, 14 AD2d 809, affd 10 NY2d 889). Hopkins, Acting P. J., Margett, Damiani and Rabin, JJ., concur.

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In a proceeding to validate petitions designating petitioner as a candidate in the election to be held on May 3, 1977, for the public position of Member of the New York City Community School Board, District 32, the appeal is from a judgment of the Supreme Court, Kings County, dated April 16, 1977, which, after a hearing, granted the application and directed the board of elections to place petitioner’s name upon the appropriate ballot. Judgment reversed, on the law and facts, without costs or disbursements, and proceeding remanded to Special Term for further proceedings in accordance herewith. We remand for a further hearing at which two of the subscribing witnesses, Calandra and Lanza, shall be produced and examined. It was error for Special Term to rule on the validity of the signatures without their testimony, since they had been subpoenaed by appellant (see Matter of Haas v Costigan, 14 AD2d 809, affd 10 NY2d 889). Hopkins, Acting P. J., Margett, Damiani and Rabin, JJ., concur.

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Bluebook (online)

57 A.D.2d 601, 393 N.Y.S.2d 684, 1977 N.Y. App. Div. LEXIS 11606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/signorelli-v-feuer-nyappdiv-1977.

Opinion

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