MATTER OF NASH v. VAN PELT, 308 N.Y. 884 (1955)

126 N.E.2d 564

In the Matter of C. DAVID NASH et al., Appellants, against CALVIN VAN PELT, as Clerk of the Village of Northport, et al., Respondents.

Court of Appeals of the State of New York.Argued March 14, 1955
Decided March 14, 1955

Appeal from the Supreme Court, Appellate Division, Second Department, HILL, J.

Page 885

Joseph Fennelly, Jr., Charles W. Root, and Frank J. Mack
for appellants.

Bernard C. Smith, William G. Bushell and Richard J. Graf
for respondents.

Order of the Appellate Division and that of Special Term reversed and nominating petitions for respondents Henry F. Richardson, Gilbert H. Scudder and L. Paul Ahlers for village offices of the Village of Northport, New York, declared invalid and the clerk of the Village of Northport directed to delete the names from the ballot upon the ground that the failure of the

Page 886

signers of the petitions to comply with the provisions of section 138 of the Election Law rendered the petitions invalid. (Matter of Lieblich v. Cohen, 286 N.Y. 559; Matter of McKeever v Hornidge, 306 N.Y. 876; Matter of Connors v. Messina, 308 N.Y. 877.) No opinion.

Concur: CONWAY, Ch. J., DYE, FROESSEL, VAN VOORHIS, BURKE and COHN,[*] JJ.

[*] Designated pursuant to section 5 of article VI of the State Constitution in the temporary absence of DESMOND and FULD, JJ.

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