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MATTER OF KURTZ v. TOWN OF AMHERST

244 A.D.2d 895 (1997)

665 N.Y.S.2d 129

In the Matter of Elizabeth C. Kurtz et al., Respondents, v. Town of Amherst, Respondent, and William L. Kindel et al., Intervenors-Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 19, 1997

Order unanimously affirmed without costs.

Memorandum:

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 §...

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