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Zunno v. Fein

Appellate Division of the Supreme Court of New York, Second Department
Aug 27, 1991
175 A.D.2d 935 (N.Y. App. Div. 1991)

Opinion

August 27, 1991

Appeal from the Supreme Court, Kings County (Garry, J.).


Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly invalidated those signatures which were witnessed by notaries public who had not taken the oaths of the signators nor obtained any statements from them as to the truth of the statements to which they subscribed their names (see, Matter of Donnelly v Dowd, 12 N.Y.2d 651; Matter of Helfand v Meisser, 30 A.D.2d 670, affd 22 N.Y.2d 762; cf., Matter of Andolfi v Rohl, 83 A.D.2d 890). The Supreme Court also properly invalidated the signatures witnessed by a subscribing witness who signed the subscribing witness statement without filling in the number of signatures witnessed (see, Matter of Sheldon v Sperber, 45 N.Y.2d 788). Consequently, the appellant's designating petition failed to contain a sufficient number of valid signatures. The appellant's remaining contentions do not warrant a contrary result. Kunzeman, J.P., Eiber, Miller, O'Brien and Ritter, JJ., concur.


Summaries of

Zunno v. Fein

Appellate Division of the Supreme Court of New York, Second Department
Aug 27, 1991
175 A.D.2d 935 (N.Y. App. Div. 1991)
Case details for

Zunno v. Fein

Case Details

Full title:In the Matter of SALVATORE ZUNNO et al., Respondents, v. MADELINE S. FEIN…

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

Date published: Aug 27, 1991

Citations

175 A.D.2d 935 (N.Y. App. Div. 1991)

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