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MATTER MILDRED STEINBERG ET AL. v. EVERETT F. MCNAB ET AL. (06/12/69)

COURT OF APPEALS OF NEW YORK


decided: June 12, 1969.

IN THE MATTER OF MILDRED STEINBERG ET AL., APPELLANTS,
v.
EVERETT F. MCNAB ET AL., CONSTITUTING THE BOARD OF ELECTIONS OF SUFFOLK COUNTY, RESPONDENTS; IN THE MATTER OF ANTHONY COSTANTINI, APPELLANT, V. BOARD OF ELECTIONS OF SUFFOLK COUNTY, RESPONDENT; IN THE MATTER OF DONALD E. ARCHER, APPELLANT, V. EVERETT F. MCNAB ET AL., CONSTITUTING THE BOARD OF ELECTIONS OF SUFFOLK COUNTY, RESPONDENTS

Matter of Steinberg v. McNab, 32 A.D.2d 800, reversed.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen.

 Memorandum. If a town is a political subdivision then petitioners are entitled to an order validating their petitions because they have more than 500 valid signatures. Under section 136 of the Election Law a political subdivision containing more than one assembly district limits the signature level to that of the aggregate of the included subdivisions or parts therof (subd. 2, par. [j]). Under the same statute assembly districts outside New York City have a signature level of 250 (subd. 2, par. [h]). A town is a political subdivision. Section 2 of the Election Law, containing definitions, does not preclude such construction. Elsewhere in the statutes a town is defined as a political subdivision (see, e.g., General Municipal Law, §§ 60 [subd. 2, par. b], 209-o [subd. 1, par. a]; §§ 1, 100 [subd. 1]; Executive Law, § 10 [subd. 1, par. e]; cf. § 331 [subd. 3]). Hence, petitioners need not have filed more than 500 signatures because of the two assembly districts contained within the town.

Disposition

In each case: Order reversed, without costs, and matter remitted to Special Term with directions to grant an order validating the designating petition, in a memorandum.

19690612

© 1998 VersusLaw Inc.



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