Legal Opinion · Dissent

In re Brickman

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

Decided October 28, 1936Published

1Dissent

Untermyer, J. (dissenting in part).

In my opinion the petition was properly rejected by the board of elections as to Brick-man, Unger and Kuntz on account of the insufficiency of the authenticating affidavits, which misstated either the address of the witness or the year of last registration. A statement of the address of the authenticating witness as required by section 135 of the Election Law has always been held to be essential to the validity of the petition. (Matter of Lemer v. Cohen, 262 N. Y. 450; Matter *469of Brownell v. Cohen, Id. 707; Matter of Dorsey v. Cohen, 268 id. 620.) A statement…

2Cases cited5 opinions

  1. Matter of BaumNew York Court of Appeals · 1935
  2. Matter of Lerner v. CohenNew York Court of Appeals · 1933
  3. Matter of Orange v. CohenNew York Court of Appeals · 1935
  4. In re WoodAppellate Division of the Supreme Court of the State of New York · 1936
  5. In re PadgugAppellate Division of the Supreme Court of the State of New York · 1935

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