Legal Opinion

In re McCarthy

New York Supreme Court

Decided September 15, 1922PublishedCited by 2 opinions

1Opinion of the CourtLewis, J.

Applicant seeks an order directing the board of elections to accept designating petitions.

The board of elections sustained the objections which were raised to the sufficiency of the petition, holding that the affidavit provided for by section 135 of the Election Law was insufficient, in that it contained no venue.

*258Section 135 requires that there be appended to the petition “ the affidavit of one of the signers to the petition.” Although no venue is attached, the affidavit concludes with the words: “ Sworn to before me this 18th day of August, 1922, Michael L. Lentino, Notary Public, Kings Co.…

2Cases cited2 opinions

  1. Cox v. SternIllinois Supreme Court · 1897
  2. Robinson v. CooperNew York Supreme Court · 1909

3Cited by2 opinions

  1. In re the Accounting of HellerNew York Surrogate's Court · 1954
  2. Mendelsohn v. A & C Holding Co. (In re Piazza)United States Bankruptcy Court, E.D. New York · 1995

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