MATTER OF WINEBRENNER v. DE WITT


286 A.D. 105 (1955)

In the Matter of D. Kenneth Winebrenner, Appellant, v. Henry J. De Witt, Jr., et al., Constituting The Town Board of the Town of Tonawanda, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 9, 1955.


Attorney(s) appearing for the Case

Anthony J. Renaldo for appellant.

O. Clyde Joslin for respondents.

All concur. Present — McCURN, P. J., VAUGHAN, PIPER, WHEELER and VAN DUSER, JJ.


PIPER, J.

The petition under consideration is authorized to be filed pursuant to the provisions of section 81 of the Town Law. Subdivision 5 of that section provides in part: "5. Such petition shall be subscribed and acknowledged by electors of the town qualified to vote upon a proposition to raise and expend money".

The petition was not acknowledged as required by the above subdivision but was authenticated...

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