Gallagher v. McNab 42 N.Y.2d 988

42 N.Y.2d 988

In the Matter of John Gallagher, Respondent, v Everett F. McNab et al., Constituting the Board of Elections of the County of Suffolk, Respondents, and Carol A. Slattery, Appellant. In the Matter of John Gallagher, Respondent, v Everett F. McNab et al., Constituting the Board of Elections of the County of Suffolk, Respondents, and Fannie Della Franca, Appellant.

Argued August 30, 1977;

decided August 31, 1977

Martin J. Burgess, Jr., for appellants.

Steven M. Schapiro for petitioner-respondent.

Memorandum. The orders of the Appellate Division should be reversed.

It is clear from the statute (Election Law, § 136, subd 6, par [j]) that if the political subdivision in question, here the town, *989is entirely within a senatorial district that the number of signatures required need not exceed the requirement for the senatorial district. That requirement is for 1,000 signatures (Election Law, § 136, subd 6, par [h]) and, as each of the appellants had more than that amount, both of the designating petitions were properly accepted and filed by the Board of Elections. In Matter of Stoller v Ackerson (30 NY2d 877) there was no contention raised or tender of evidence made on the issue here relevant.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

In each case: Order reversed, without costs, and the judgment of Supreme Court, Suffolk County, reinstated in a memorandum.

Gallagher v. McNab
42 N.Y.2d 988

Case Details

Name
Gallagher v. McNab
Decision Date
Aug 31, 1977
Citations

42 N.Y.2d 988

Jurisdiction
New York
Court
New York Court of Appeals

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