Legal Opinion

In re Peters v. Sisson

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

Decided May 1, 1918PublishedCited by 3 opinions

Appeal by the petitioner, William H. Peters, from an order of the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Oneida on the 25th day of January, 1918, denying his application herein, the questions which he desired to have resubmitted having been already submitted to and voted upon by the electors of the town of New Hartford at the biennial town meeting held in conjunction with the general election on November 6, 1917.

1Opinion of the Court

Merrell, J.:

The applicant, a hotelkeeper of the town of New Hartford, Oneida county, N. Y., seeks a resubmission to the electors of said town of the four local option questions under section 13 of the Liquor Tax Law (Consol. Laws, chap. 34 [Laws of 1909, chap. 39], as amd. by Laws of 1910, chap. 485), claiming that said questions were improperly submitted at the biennial town meeting held in said town in conjunction with the general election on November 6, 1917, in that there was no legal notice of such submission posted and published as required by law. There is no dispute as to the facts,…

2Cases cited4 opinions

  1. In re Town of La FayetteAppellate Division of the Supreme Court of the State of New York · 1905
  2. In re PowersNew York Supreme Court · 1901
  3. In re the Re-submission to the Electors of the Town of OnondagaAppellate Division of the Supreme Court of the State of New York · 1914
  4. Peters v. SissonNew York Supreme Court · 1918

3Cited by3 opinions

  1. Train v. SistiNew York Supreme Court · 1932
  2. Sanyshyn v. Commissioners of ElectionsNew York Supreme Court · 1962
  3. In re CookNew York Supreme Court · 1918

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