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Matter of Rothstein v. Healey

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1965
23 A.D.2d 758 (N.Y. App. Div. 1965)

Opinion

April 5, 1965


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 Home 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. Molik, 17 A.D.2d 111). Beldock, P.J., Ughetta, Hill, Rabin and Benjamin, JJ., concur.


Summaries of

Matter of Rothstein v. Healey

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1965
23 A.D.2d 758 (N.Y. App. Div. 1965)
Case details for

Matter of Rothstein v. Healey

Case Details

Full title:In the Matter of SIDNEY W. ROTHSTEIN, Respondent, v. KATHLEEN T. HEALEY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 5, 1965

Citations

23 A.D.2d 758 (N.Y. App. Div. 1965)

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