Summary
In Salducco v. Etkin (268 N.Y. 606, revg. 244 App. Div. 681), the Court of Appeals held that a referendum on the adoption of a plan of city government under the Optional City Government Law (L. 1914, ch. 444) could legally be held on election day, November 6, 1934, despite the fact that 1934 was an even-numbered year.
Summary of this case from City of Buffalo v. LawleyOpinion
Argued July 11, 1935
Decided July 11, 1935
Appeal from the Supreme Court, Appellate Division, Third Department.
Richmond D. Moot for Philip L. Alger et al., appellants.
Nathaniel B. Spalding for East End Civic Improvement Association, intervener, appellant.
Ettore Mancuso for respondent.
Judgment of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division. We are of the opinion that the special election ordered pursuant to section 19 of chapter 444 of the Laws of 1914 was legally held on election day (November 6, 1934). We are also of the opinion that the notice was a substantial compliance with the statute. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH, LOUGHRAN and FINCH, JJ.