Wilkinson v. Lindsay

Appellate Division of the Supreme Court of New York

Wilkinson v. Lindsay

47 A.D.2d 786, 365 N.Y.S.2d 83, 1975 N.Y. App. Div. LEXIS 9099

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

DecidedMarch 14, 1975

StatusPublished

This text of 47 A.D.2d 786 (Wilkinson v. Lindsay) 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

Wilkinson v. Lindsay, 47 A.D.2d 786, 365 N.Y.S.2d 83, 1975 N.Y. App. Div. LEXIS 9099 (N.Y. Ct. App. 1975).

Pincite

Opinion

Appeal from a judgment of the Supreme Court at Special Term, entered March 14, 1975 in Sullivan County, in a proceeding pursuant to section 331 of the Election Law, which struck the names of certain of the respondents from the register of voters because of their lack of residency in the Village of Wurtsboro. It appears that the names in question were added to the list of qualified voters for the village election in accordance with section 516 (subd. 6, par. a) of the Election Law. Petitioner has in no way rebutted the presumption of regularity which attaches and his remedy here is to challenge a voter pursuant to the applicable provisions of the Election Law. Judgment reversed, on the law, and petition dismissed, without costs. Sweeney, J. P., Kane, Main and Larkin, JJ., concur.

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Appeal from a judgment of the Supreme Court at Special Term, entered March 14, 1975 in Sullivan County, in a proceeding pursuant to section 331 of the Election Law, which struck the names of certain of the respondents from the register of voters because of their lack of residency in the Village of Wurtsboro. It appears that the names in question were added to the list of qualified voters for the village election in accordance with section 516 (subd. 6, par. a) of the Election Law. Petitioner has in no way rebutted the presumption of regularity which attaches and his remedy here is to challenge a voter pursuant to the applicable provisions of the Election Law. Judgment reversed, on the law, and petition dismissed, without costs. Sweeney, J. P., Kane, Main and Larkin, JJ., concur.

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Bluebook (online)

47 A.D.2d 786, 365 N.Y.S.2d 83, 1975 N.Y. App. Div. LEXIS 9099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkinson-v-lindsay-nyappdiv-1975.