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MATTER OF NEWCOMB v. TALENTO

16 Misc.2d 148 (1958)

In the Matter of Elliott H. Newcomb, on Behalf of Himself and All Other Signers of a Certain Petition Similarly Situated, Petitioners, v. R. Fred Talento, as City Clerk of the City of Rye, et al., Respondents.

Supreme Court, Westchester County.

October 21, 1958.

Attorney(s) appearing for the Case

Joseph L. Paradise for petitioners.

Roger Sherman, Corporation Counsel, for respondents.

ROBERT DOSCHER, J.

This is an application to compel submission to the electorate on November 4, 1958, of a local law for the creation of a commission to draft a new charter. The local law was initiated under subdivision 2 of section 20 of the City Home Rule Law by a petition. No attack is made upon the form of the petition or upon the number of valid signatures thereto. Opposition to submission is based upon (1) the fact that this petition may not be...

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