Gray v. Town Bd. of the Town of North Hempstead, 104 N.E.2d 914 (N.Y. 1952). · Go Syfert
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Gray v. Town Bd. of the Town of North Hempstead, 104 N.E.2d 914 (N.Y. 1952). Cases Citing This Book View Copy Cite
5 citation events (2 in the last 25 years) across 2 distinct courts.
Strongest positive: Matter of Beer v. Town of New Paltz, 179 A.D.3d 1238 (N.Y. App. Div. 3d Dep't 2020)
How cited ↗
Cited for
303 N.Y. at 576 cited at this page1 citing case
  • Venne v. Sanford, 25 A.D.3d 1007 (N.Y. App. Div. 3d Dep't 2006).published
    Once the Town accepted the petition and acted on it by publishing notices of the hearing, signatures may not be withdrawn (see Matter of Gray v Town Bd. of Town of N. Hempstead, Nassau County, 303 NY 575, 576-577 [1952]).
303 N.Y. at 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…1 citing caseopening of page *577 (no citing court says what it cites this page for)
  • Matter of Beer v. Town of New Paltz, 179 A.D.3d 1238 (N.Y. App. Div. 3d Dep't 2020).published
    Footnote 8: Although the signatories for the 150 Plains Road property initially signed the citizens' petition, their subsequent attempt to withdraw the inclusion of their signatures by sending a notarized letter to the Town Board to this e…
In the Matter of A. Freeman Gray Et Al., Appellants, Against Town Board of the Town of North Hempstead, Nassau County, Et Al., Respondents
New York Court of Appeals.
Mar 14, 1952.
Published opinion
104 N.E.2d 914
1952 N.Y. LEXIS 785
Charles Kingsley and Joseph P. Kissling for appellants., James L. Dowsey, Jr., Town Attorney (Bertram B. Daiker of counsel), for respondents.
Loughran.
Cited by 5 opinions  |  Published
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.