Gray v. Town Board of the Town of North Hempstead

We hold that any signer of a petition described in section" 191 of the Town Law has a right, up to the time such petition is acted on by the town board by the publication or posting of a notice of hearing (Town Law, § 194), to withdraw and revoke his signature by filing with the town clerk a duly acknowledged statement of such withdrawal and revocation (see People ex rel. Irwin v. Sawyer, 52 N. Y. 296; People ex rel. Yawger v. Allen, 52 N. Y. 538). Nothing to the contrary was held in People ex rel. McGrath v. Weiss (216 App. Div. 505, affd. 245 N. Y. 518) since in that instance the attempted…