KURTZ v. William L. Kindel and Robert Bush, Intervenors-Appellants. (1997)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Elizabeth C. KURTZ and David M. Vieth, D.D.S., Respondents, v. TOWN OF AMHERST, Respondent, William L. Kindel and Robert Bush, Intervenors-Appellants.

Decided: September 30, 1997

Before PINE, J.P., and LAWTON, HAYES, WISNER and BOEHM, JJ.

Sherwood Bestry, Amherst, for intervenor-appellant Kindel. James Arcadi, Buffalo, for intervenor-appellant Bush. Thomas Spargo, East Berne, for respondents Kurtz and Vieth. Phillip Thielman, Williamsville, for respondent Town of Amherst.

Supreme Court properly granted the petition, found a referendum petition invalid and directed its removal from the ballot. The petition is invalid because the preamble fails to comply with the statutory requirement that the voter state that his “present place of residence is truly stated opposite [his] signature” (Election Law § 6-140[1][a]; see, Election Law § 1-102; Town Law § 91; see generally, Matter of Graham v. City Clerk of City of Ogdensburg, 104 A.D.2d 703, 480 N.Y.S.2d 595; Matter of Lindley v. Babylon Town Clerk, 80 A.D.2d 879, 437 N.Y.S.2d 33, affd. 53 N.Y.2d 683, 439 N.Y.S.2d 108, 421 N.E.2d 503; Heath v. Town of Islip, 169 Misc.2d 382, 645 N.Y.S.2d 702). In light of our decision, we do not reach the parties' remaining contentions.

Order unanimously affirmed without costs.

MEMORANDUM:

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