Steinberg v. McNab

New York Court of Appeals

Steinberg v. McNab

250 N.E.2d 716, 25 N.Y.2d 810, 303 N.Y.S.2d 669, 1969 N.Y. LEXIS 1179

CourtNew York Court of Appeals

DecidedJune 12, 1969

StatusPublished

Cited by1 cases

This text of 250 N.E.2d 716 (Steinberg v. McNab) 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.

Bluebook

Steinberg v. McNab, 250 N.E.2d 716, 25 N.Y.2d 810, 303 N.Y.S.2d 669, 1969 N.Y. LEXIS 1179 (N.Y. 1969).

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Opinion

Memorandum. If a town is a political subdivision then petitioners are entitled to an order validating their petitions because they have more than 500 valid signatures. Under section 136 of the Election Law a political subdivision containing more than one assembly district limits the signature level to that of the aggregate of the included subdivisions or parts therof (subd. 2, par. [j]). Under the same statute assembly districts outside New York City have a signature level of 250 (subd. 2, par. [h]). A town is a political subdivision. Section 2 of the Election Law, containing definitions, does not preclude such construction. Elsewhere in the statutes a town is defined as a political subdivision (see, e.g., General Municipal Law, §§ 60 [subd. 2, par. b], 209-o [subd. 1, par. a]; §§ 1, 100 [subd. 1]; Executive Law, § 10 [subd. 1, par. e]; cf. § 331 [subd. 3]). Hence, petitioners need not have filed more than 500 signatures because of the two assembly districts contained within the town.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Bbeitel and Jasen.

In each case: Order reversed, without costs, and matter remitted to Special Term with directions to grant an order validating the designating petition, in a memorandum.

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Memorandum. If a town is a political subdivision then petitioners are entitled to an order validating their petitions because they have more than 500 valid signatures. Under section 136 of the Election Law a political subdivision containing more than one assembly district limits the signature level to that of the aggregate of the included subdivisions or parts therof (subd. 2, par. [j]). Under the same statute assembly districts outside New York City have a signature level of 250 (subd. 2, par. [h]). A town is a political subdivision. Section 2 of the Election Law, containing definitions, does not preclude such construction. Elsewhere in the statutes a town is defined as a political subdivision (see, e.g., General Municipal Law, §§ 60 [subd. 2, par. b], 209-o [subd. 1, par. a]; §§ 1, 100 [subd. 1]; Executive Law, § 10 [subd. 1, par. e]; cf. § 331 [subd. 3]). Hence, petitioners need not have filed more than 500 signatures because of the two assembly districts contained within the town.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Bbeitel and Jasen.

In each case: Order reversed, without costs, and matter remitted to Special Term with directions to grant an order validating the designating petition, in a memorandum.

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Bluebook (online)

250 N.E.2d 716, 25 N.Y.2d 810, 303 N.Y.S.2d 669, 1969 N.Y. LEXIS 1179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steinberg-v-mcnab-ny-1969.

Opinion

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