In re the Town of Livingston
Appellate Division of the Supreme Court of the State of New York
This is an appeal by the State Commissioner of Excise from an order of the county judge of Columbia county requiring the town clerk of the town of Livingston to call a special town meeting at which the local option questions provided for by section 16 of the Liquor,Tax Law† shall be resubmitted to the voters. Order affirmed, with ten dollars costs and disbursements, upon the authority of Matter of Town of La Fayette (105 App.
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This is an appeal by the State Commissioner of Excise from an order of the county judge of Columbia county requiring the town clerk of the town of Livingston to call a special town meeting at which the local option questions provided for by section 16 of the Liquor,Tax Law† shall be resubmitted to the voters. Order affirmed, with ten dollars costs and disbursements, upon the authority of Matter of Town of La Fayette (105 App. Div. 25). All concurred, except Chester and Kellogg, JJ., dissenting.
1Opinion of the Court
Kellogg, J. (dissenting):
The order in this case was granted solely for the reason that the town clerk did not publish notice of the special election.‡ in a newspaper published in the county, as required by section 16 of the Liquor Tax Law., The record shows ¡Jiat the notices were duly posted at eighteen different places in the town; that the questions to be submitted were discussed at public meetings and that the fact that the vote was to be taken was well, thoroughly and generally known to the voters jn all parts of the town. It is not alleged that any one failed to vote because of the…
2Cases cited2 opinions
- People ex rel. Crane v. ChandlerAppellate Division of the Supreme Court of the State of New York · 1899
- In re O'HaraNew York Supreme Court · 1903
3Cited by2 opinions
- In re NortonNew York Supreme Court · 1912
- In re Town of Canaan, New York County Courts1913