Proctor v. Watson

Petitioner seeks to compel the respondent, county clerk, to accept for filing a certificate of doing business. The county clerk has refused to entertain the certificate on the ground that the name selected is deceptive and violative of section 924 of the Penal Law. That section forbids the use by *882an individual of the names “ and company ’’ or “ & Co.”. The name submitted by petitioner is “ James D. Proctor Associates ”.

It is quite clear that an officer designated to receive names for filing may refuse if the name submitted violates a provision of law. (People ex rel. Blossom v. Nelson, 46 N.…