# Gray v. Town Board of the Town of North Hempstead

> New York Court of Appeals · March 14, 1952 · 303 N.Y. 575

URL: https://www.frixlaw.com/law-library/cases/2568604

## Case

- **Full name:** In the Matter of A. Freeman Gray Et Al., Appellants, Against Town Board of the Town of North Hempstead, Nassau County, Et Al., Respondents
- **Court:** New York Court of Appeals
- **Decided:** March 14, 1952
- **Citations:** 303 N.Y. 575; 104 N.E.2d 914; 1952 N.Y. LEXIS 785
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Loughran
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2568604

## Opinion text

Per Curiam.
We hold that any signer of a petition described in section" 191 of the Town Law has a right, up to the time such petition is acted on by the town board by the publication or posting of a notice of hearing (Town Law, § 194), to withdraw and revoke his signature by filing with the town clerk a duly acknowledged statement of such withdrawal and revocation (see
People ex rel. Irwin
v.
Sawyer,
52 N. Y. 296 ;
People ex rel.
*577
Yawger
v.
Allen,
52 N. Y. 538 ). Nothing to the contrary was held in
People ex rel. McGrath
v.
Weiss
( 216 App. Div. 505 , affd. 245 N. Y. 518 ) since in that instance the attempted withdrawal of signatures was by a petition which was not presented to the town board until the time of its hearing, and thus a considerable time after the town board had taken jurisdiction of the original petition by publishing and posting notice of such hearing (see
Matter of Floyd-Jones
v.
Town Bd. of Oyster Bay,
249 N. Y. 398, 405 ).
The orders should be reversed, with costs in all courts, and the determination of the town board annulled.
Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ., concur.
Orders reversed, etc.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2568604. Public record. Not legal advice.