# Steinberg v. McNab

> New York Court of Appeals · June 12, 1969 · 25 N.Y.2d 810

URL: https://www.frixlaw.com/law-library/cases/5525317

## Case

- **Full name:** In the Matter of Mildred Steinberg v. Everett F. McNab, Constituting the Board of Elections of Suffolk County, Respondents In the Matter of Anthony Costantini v. Board of Elections of Suffolk County, Respondent In the Matter of Donald E. Archer v. Everett F. McNab, Constituting the Board of Elections of Suffolk County
- **Court:** New York Court of Appeals
- **Decided:** June 12, 1969
- **Citations:** 25 N.Y.2d 810; 303 N.Y.S.2d 669; 250 N.E.2d 716; 1969 N.Y. LEXIS 1179
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 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/5525317

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5525317. Public record. Not legal advice.